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HomeMy WebLinkAbout1989-05-09 • TOWN BOARD MEETING MAY 99 1989 • 410 PUBLIC HEARING PROPOSED LOCAL LAW ## 1 - 1989 Supv Schug gilled the meeting to order at 7 : 3OPM Supv Schug read the notice that was published in the newspaper to consider the proposed Local Law # 1 -- 1989 regulating septic and sludge disposal in the Town of Dryden ( ccopy . of notice in minute book ) QUESTIONS AND / OR COMMENTS L etter was received from Tompkins County Health Dept , • D ave LaPoint - he has correspondence dating back 1 year from Sohn Andersso_:on , Tom p Co Health Dept and hoped that the Town Board would read it before they acted on this local law . He has pumped over 1 millions gallons of septic sewage in Tompkins and Cortland County Iast year , Approximately one third of the came from out ofi Tompkins County . He has information about the operation and pt l i c ies at the Ithaca Wastewater Treatment Plant in Ithaca . He has been told that out of county septic waste cannot be dumped in this plant . If you are going to make a set of rules make sure that they cover everyone . The plant is only running at 60 % of its capacity soy there is a lot of room left to handle it . The plant is not • manned 24 hours a day , there might be someone there until 6 : 00PM . After that time it ' is going to cost an additional fee to dump . Clm Evans q uoted a price last month of $ E0 . 00 . Thee people are c i v i l service emp 1 oyees and you will pay them 4 hours minimum ' wh a, ch will cone close to $ 60 . 040 plus x dumping fee of $ 16 . 32 . This is $ 76 . 33 just to get started . If this law passes you will see the price of a septic service call go from 353 . 00 or $ 60 . 00 to $ 186 . 00 plus tax to dump a load of sewage in that plant after hours . He has spoken with o ther contractor ' s within a 50 mile radius and they are all faced w ith the same prctUem4 a ith being dictated to dump in the wastewater treatment plant . He has checked with DEC and what public ✓ ecords that are available and there is no documentation whatsoever that the practice of land spreading of septic waste has contributed to any ground water contamination or posses any health hazard in this county or any ether surrounding county . He finds it amazing that Tompkins Co Health Dept has no contingency plan if the plant fails . They are dictated to dump in it so what happens with the septic that he has collected if it can ' t be dumped at the plant With the additional increase in cost you will find people letting their systems fail and letting the sewage flow down the ditch and into the creek . He feels that the Dryden Town Board is very premature in ad _ pt ing this local law based on the present ' facts . He has a letter from Gerry Gleason stating that only domestic waste will be accepted , and waste from grease traps will not be accepted , dated Jan 19G8 . He also has a letter from (" rank. Liguori , Jan 23rd , 19099 a contract from the C ':' linty and the following waste are not covered by this agreement . The following wastes are not covered by this agreement , NOTICE OF PUBLIC HEARING • TOWN OF DRYDEN PROPOSED LOCAL LAW # 1 - 1989 NOTICE IS HEREBY GIVEN , that a public hearing will be held by the Town Board of the Town of Dryden , at 7 : 30 P . M . prevailing time on Tuesday , May 9 , 1989 at the Town Hall , 65 East Main Street , Dryden , New York , to consider a proposed local law regulating septage and sludge disposal in the Town of Dryden . The text of said Local Law is as follows : • 1 A 7 • Section 1 . Legislative findings and purpose . The Town Board finds : 1 . ) That currently , there exists a difference of opinion among experts as ' to whether it can be dangerous for humans to consume crops grown on land used for the spreading of septage or sludge or to drink milk or consume products of animals which graze on such land ; 2 . ) That until more definitive information is available there is a need for careful management of available open land ; 3 . ) That the septage receiving facility at the Ithaca 41/ Area Wastewater Treatment Plant is operational and is prepared to receive septage generated or originating within ' the Town ; 4 . ) That the Town ' s manpower and financial resources are such that the Town would have serious difficulty regulating and monitoring the disposal of septage or sludge generated or originating outside of the . Town while striving to effectively regulate and monitor that which is generated within the Town ; 5 : ) That the inability of the Town to regulate and monitor the disposal of septage or sludge coming into the Town from outside sources could result in serious health • • . 7 problems for Town residents and environmental damage to property and land within the Town ; • 6 . ) That the purpose of this local law is to protect and preserve the health , safety and welfare of the residents of the Town by regulating land use and the disposal of septage and sludge within the Town ; 7 . ) That this local law relates to the property , affairs and government of the Town and its adoption is authorized by the Municipal Home Rule Law of the State of N ew York and Section 27 - 0711 of the Environmental Conservation Law of the State of New York . • Section 2 . Definitions . • As used in this local law , the following terms shall have the meanings indicated : DISPOSAL ( Dispose ) - The discharge , deposit , injection ; d umping , spilling , spreading , leaking or placing of any septage or sludge into or on any land or water . PERSON - Any individual , public or private corporation , political subdivision , government agency , department or bureau of the states , municipality , industry , copartnership , asssociation , firm , trust , estate or any other legal entity . SEPTAGE - The contents of a septic tank , cesspool or o ther individual sewage treatment facility which receives domestic sewage wastes . 0 i • SLUDGE - Any solid , semisolid or liquid waste generated or deposited from municipal or private sewage treatment • plants . STORAGE - The containment of any septage or sludge , either on a temporary basis or for a period of years , in such a manner as not to constitute disposal of such septage • or sludge . TOWN - The Town of Dryden . Whenever this local law refers to any action which is to be taken or authorized by the " Town " , the provision shall be deemed to refer to the Town Board unless otherwise specified . Section 3 . Prohibited Acts . p • A ) No septage or sludge shall be transported into or within the Town for disposal or storage within the Town . B ) No land , _ structure or other facility within the Town shall be used for the disposal or storage of septage or sludge , whether generated or originating within or outside of the Town . C ) - No person shall dispose of any septage or sludge generated or originating within the Town except at the septage receiving facility of the IAWWT Facility . D ) No person being the owner , driver , helper , manager or operator of any truck or other vehicle used in the collection , transportation or disposal of septage or sludge shall allow any of said material from said vehicle to fall , leak or blow from such vehicle upon any of the streets , highways , sidewalks or public places in the Town , or upon • any property in the Town , whether real or personal , public or private . Section 4 . A ) Land which ' has heretofore been used for a landspreading facility of septage or sludge shall not hereafter be used for agriculture until such time as the Town Board receives certification in writing from an independent professional engineer licensed by the State of New York that the content in said soil of pathogens , heavy metals and other substances known to be harmful to humans is within limits established at the time of said certification by the New York State Department of Environmental Conservation . In no event shall such land be used for agriculture until at least sixty ( 60 ) months have elapsed since such landspreading occurred . Section 5 . Criminal penalties ; enforcement . A ) Any person who violates any provision of this local law shall be guilty of a Class A misdemeanor and shall be punished by such fine or imprisonment , or both , as shall be provided by the New York State Penal Law . Each day of continued violation shall be deemed a separate violation of this local law . • , B ) This local law may be enfoced by any police officer ® or by any officer of the Town or by any employee of the Town if so authorized by resolution of the Town Board . Any such enforcement official is authorized to issue appearance tickets for any violation of this local law . Section 6 . Civil remedies . Nothing in this local law shall be deemed to impair or diminish any cause of action or remedy which the Town may have under any other local law , under any statute , ordinance or regulation or under the common law ; provided , however , that in the case of a conflict , those terms or rules of law which are more restrictive shall control . In addition thereto , the Town may enforce this local law by injunction . Section 7 . Liability for expenses . Any person adjudged in a criminal or civil proceeding to have violated this local law shall be liable to the Town for • all expenses incurred by the Town in connection with the proceeding , including the reasonable attorney ' s fees of the Town in connection therewith . Section 8 . Severability . If any clause , sentence , paragraph , subdivision , 110 section or part of this local law shall be adjudged by any /V fo . \ , court of competent jurisdiction to be invalid , such judgment ® shall not affect , impair or invalidate the remainder thereof but shall be confined in its operation to the clause , sentence , paragraph , subdivision , section or part thereof directly involved in the controversy in which such judgment is rendered . Section 9 . When effective . This local law shall become effective July 1 , 1989 . All persons interested will be heard at such time . . By order of the Town Board Susanne Lloyd Town Clerk r 'I . 5 - 11 ---89 page 2 ® Waste from grease traps , waste from grit chambers are specifically excluded , waste containing stores , dead animals , large particles such as whole vegetables , fruit , waste which does not originate f rom domestic septic tanks will not be accepted . Waste in excess of 8 % of total solid will not be accepted . The Town of Dryden should n ot adopt this local law until such time these matters have been cleared up with Gerry Gleason and Frank Liguori . K im Whetzel - the local law the way it is proposed is not going to be in the best interest for the people . Between his business and D ave Lapoint ' s business they account for about 90 % of the septics • that are pumped in Tompkins and Cortland County . The idea of taking this to the Ithaca Wastewater Treatment Plant in the City of Ithaca is a good idea when you first look at it But , when you look at d ifferent parts of the law it has some short comings . He would e ncourage the Town Board to take a good look at this and to think about some of these things . By this local law as he understands it , a house in the Town of Dryden niust be pumped by somebody who will take that material to the wastewater treatment plant . He wanted to know the Board ' s opinion as to why this couldn ' t go to another approved site that is licensed by DEC . Clm Evans - by doing so it would be putting the haulers on equal footing . Using the wastewater treatment plant seems to be a more logical way of disposing of sewage and sludge , and the other ✓ ational was if I wasn ' t willing to dump it in my own backyard why ® should I dump it in my neighbors . K im Whetzel •- this is also going to increase his cost of business . Tompkins County is subsidizing 50 % of the cost right now for the haulers to dump their waste at the treatment plant . They are trying to encourage all haulers to take their waste there . At the same time they are doing that they are discouraging haulers to operate their own facility by doing every conceivable thing they can to close you down . He did not feel that the residents of the Town of Dryden should be told who can pump their septic tank . He would strongly urge the Town Board not to pass this local law the way it is written at the present time . If people have problems with the lagoon sites they should talk to DEC . That is the authority funded by the State of New York . They have regulatory people to enforce the rules and regulations . He also wanted to know how the Town will be able to enforce this law . He thought the intent was good , but felt that it should be modified to enable it to operate within the perimeter of the free enterprise system to give the residents of the Town of Dryden a choice as to who they want to perform a particular service . Roger, Lar;ipila - felt that the Board should pass this local law as it is presented . H enry Slater - wanted to know who would be enforcing this law if it is passed ? 5 - 9-- 89 page 3 Clm Hatfield - felt that if this law is passed than the next step w ould be at the dairy farms with them spreading their cow manure on the fields . This could be in the future and should be thought about . Clm Evans - there is a difference in human waste from animal waste . D ave LaP :' int --- there is absolutely nothing documented through DEC , Tompkins County , Cortland County or Tioga County Health Departments w here anything or anybody has been sick or has come clown with any d isease with handling or walking through septic tank disposal . The county is going to phase this out eventually . Let the county take • it course . Clw Walbridge -- one of the concerns with the law has been waiting u ntil there are problems within the Town . This is preventative action . The citizens and the Town Board have not been very ' happy w ith the Health Dept with regard to documentation and being helpful to people . D ave LaPoint - thought that the Tompkins County Health Dept was one o f the best departments around . TOWN BOARD MEETING MAY 9 , 1989 Members and guests participated in the Pledge of Allegiance Roll call was by the Town Clerk Present : Supv Schuq , Clm Hatfield , Clm Evans , Clm Garlock , Clw Walbridge , Atty Perkins and Z . O . Slater COUNTY BRIEFING Co Rep Tillapaugh - read resolution that was proposed by the P lanning of Public Works Committee regarding recycling program . Co Rep Tillapaugh left a map for the proposed map of the areas that are going to be involved in the recycling program . -. - also since the landfill area has been closed on Caswell Rd he h as been trying to get something done around the gate area to make it look decent , with getting rid of the brush and mowing the grass . Mr , Mobbs w i l l try and work on it this summer . There was also a question asked if the old landfill could be used as a cross country ski area and this will not be allowed for use for several years because of the escaping gases and it is still settling . In the f uture it could be a possibility . it ePetition to the Town Board , Town of Dryden Regarding proposed speed limits on Thomas Road . April 1989 We , the undersigned residents of Thomas Road , Town of D ryden , respectfully petition the Town Board to implement a posted speed limit on our road . We believe this limit should be 35 mph within the first half mile of the road starting from the junction with Ellis Hollow Road and that the limit should not exceed 45 mph thereafter . At present there is no posted speed limit . We feel that this measure is necessary for the present and future safety of our growing families . We present the f ollowing evidence to support our request : 1 . A high density of school - aged and younger children live along the first half mile of Thomas Road ( coming from Ellis H ollow Road ) . Excessive speeds of drivers along the road pose a t hreat to these children while playing and while waiting for the school bus during peak commuter traffic hours . 2 . Since Thomas Road runs along a steep hillside , all ✓ esidences in the above mentioned half mile are located above or below the road level . This , in addition to many curves and knolls in the road , creates blind or hidden driveways with limited visibility . The current high speeds of motorists make it ® extremely hazardous to enter and leave residential driveways along Thomas Road . 3 . Residents of Thomas Road deserve the same consideration as Town of Dryden residents on Ellis Hollow and Turkey Hill Roads where speed limits of 45 mph have been posted . The growth and d evelopment of the area has brought increased traffic volume . Thomas Road is a continuous and convenient short - cut between Ellis Hollow Road and Route 79 , used by commuters and over - sized ✓ ehicles such as Highway Department trucks , tractor trailers , d ump trucks , log carriers and buses . During peak commuter hours , t raffic is heavy and traveling at speeds which we deem to be e xcessive . 3 . Thomas Road is a popular rural byway heavily used by pedestrians , cyclists and joggers from Spring through Fall . There is very little shoulder for them to move onto when motorists pass at high speeds . 4 . The wooded areas along the road are crossed by many deer t rails . This poses a threat to the deer themselves as well as to motorists . There have been numerous instances with deer having been hit and countless close calls . A low to moderate posted speed limit would help avert future incidents . O 1 _ . NAME ADDRESS * ADULTS # CHILDREN 19 JrAt( ; ALL / . 44-.1 q , a, , S • • olea / TIC z 1 ( . e),6 1 - . 436 T i o fa . r13 F / . j et4 � cO 'oi \ j • gialS/14' • . 3 ,3-so rL 1-feirnereto I _ ` o C0-9_47,. . z ' \ - / -17/�� . &Lc g q /et. 3 F 5 . The junction of Thomas Road and Ellis Hollow Road is a sharp 45 degree fork . Motorists traveling at high speed have sometimes failed to negotiate the turn resulting in several instances where ✓ ehicles have flipped and landed in the roadside ditch . Please consider our proposal and act to implement a speed limit of 35 mph within the first half mile of Thomas Road starting at the junction with Ellis Hollow Road and a speed limit n ot to exceed 45 mph on the rest of Thomas Road . Thank you for your immediate attention . N AME ADDRESS 'MOULTS # CHILDREN IU . lir . Jt .A4. .a! ! a . �fA 4 4 . _. - �.-ht 42j Lip __ (2 ,<3 Te,,... ied," - , (52. / 7 Y 7 6 � _ ( T 1 ft I a. ill I . 1 gliai . . _ a tr IF il Lr.fr-a „4 ii,4,2„,______ jig 11-7-# Cul-A.44 .2-- 7 & 1L ( rat 4/c /Q7e 76L r.2 Rd 2. 0 .(H)ti, etiEri c\-- cuum- __. 4- 4-4- ciiihTra As RD ,, /1 d _ . A al es Jf?dL6€ — IS—C1 tick, ig 0 2 —__ ▪ -� ' -- 5 page 4 - - Several years ago the county bought land on the south side of the old landfill which has an old house on the property . The county now is in the process of putting the house out for bid . At the present time Historic Ithaca is interested in purchasing the house , moving it and filling in the foundation where it is now located , CITIZEN PRIVILEGE OF THE FLOOR P atty Witten and Margaret Fabrizio , representing the Fall Creek Conservation Committee went over a proposal that has been presented to DEC to make part of Fall Creek a recreational area . This would involve some lurid that is located in the Town of Dryden . There was considerable discussion and the Town Board set up May 17th to listen to more of their concerns . The City of Ithaca has approved the section of Fall Creek that is within the city limits . Michelle Gordon - requesting a speed limit on Thomas Rd . loopy of petition in minute book ) . There was some discussion and Arthur darbett presented a lower speed limit request in June of 1985 and n othing was hone at the county and state level . He wants to continue with this request and take it to the limit . The Town Board decided to pass the resolution and wait until they can get mere documentation about number of bicycles , joggers , traffic count , n umber of accidents and anything else to support their necp.iest before it is sent to the county and state for consideration . hhSQhhT l hh _ t i Ph n Ahhdl' T,nhhT l' T_ l hh FOR LOWER - SIDLED LIMIT CAN THOMAS ROAD Clm Evans offered the following resolution and asked for its adoptionff RESOLVED , that this Town Board accept the petition for a lower speed limit on Thomas Road and send the request to County Highway S uperintendent . and bin Walbridge Roll call vote - all voting Yes J ean Ryan , he '.trt Clerk requested summer help for a computer o perator at $ 4 . 00 per hour for 10 hours a week in order for the court clerks to take summer vacations . They have enough in their court budget . This would be for 14 week , starting May 29th RESOLUTION # 121 dildhM R - hF tp F O h COU hh _hh {MTh d P ie Evens offered the following resolution and asked for its adoptions RESOLVED , that this Town Board authorise the Court to hire summer help at $ 4 . 00 per hour and a ih hour work week . and Pie Hatfield Rol / call vote - all voting Yes • • RESOLD TT ON N0 . 123 < 1989 ) RETAIN MAHLON PERKINS . "�- TOWN ATTORNEY WHEREAS , the Town Board desires to retain Mahlon Perkins as counsel to the Town of Dryden under the following t erms and conditions , all which are agreeable to him and the Town Board and in conformance with the provisions of the Town Law and the Opinions of the State Comptroller , and WHEREAS , the Town Board deems it in the best interests o f the Town to retain Mahlon Perkins under the following t erms , NOW , THEREFORE , be it resolved as follows : 1 . Mahlon Perkins is hereby retained to represent the Town of Dryden in all matters traditionally and usually within the province of the Town Attorney and in the consideration for the same , the Town agrees to remit to said Mahlon Perkins as a retainer the sum of $ 1 , 050 . 00 per month , Such matters shall include counsel to the Town Supervisor and Town Board Members , Town Clerk , Town Justices , Town H ighway Superintendent , Town Code Enforcement Officer , Chairperson of the Zoning Board of Appeals and Chairperson o f the Planning Board . 2 . All litigation involving the Town of Dryden shall n ot be considered covered by this Retainer Agreement . 3 . The extra and extraordinary work which goes into t he formation of improvement districts including the administration of the same , litigation involving the same , e xtension , enlargement , dissolution , bonding with respect to and other matters having to do with improvement districts are not covered by this agreement . 4 . Matters not contemplated to be covered by the monthly retainer as set forth above shall be billed to the Town of Dryden on a hourly basis and at the rate of $ 90 . 00 per hour . Payment to be made on a voucher basis . S . Mahlon Perkins is to be paid for all disbursements incurred in connection with his representation of the Town o f Dryden , said disbursements to be paid on a voucher basis . 6 . Mahlon Perkins will not be entitled to any Town health insurance coverage of State Retirement participation . 1 71 5- S- 98 8 page E COUNCILMAN PRIVILEGE OF THE FLOOR Clm Evans - reported that Roger Lampila has resigned for the Citizens Advisory Committee and would like to recommend Torn Bonn from Etna to replace Roger . The Town Board accepted the resignation of Roger Lampila to the \ 'titizens Advisory Committee • RESOLUTION 0122 APPOI NT • REP RE SENIRT I VE= TO CITIZENS ADVISORY COMMITTEE Clm Evans offered the following resolution and asked for its adopt ions RESOLVED9 that this Town Board appoint Tom Bonn as the Town of D ryden representative to the Citizens Advisory Committee 2nd Clw Walbridge Roll call vote a all voting Yes Clm Evans - reported that the state is going to replace the brid51e in the Village of Dryden that crosses over Virgil Creek and will be closed down for 1 year while it is being worked on Motion was ` . made by Clm Evans that the Dryden Town Board urges Tompkins County Board of Representatives to move ahead immediately with the plans to upgrade the bridge on George Road , and further resolved that d 4ring the anticipated replacement of Virgil Creek bridge in the ✓ illage of Dryden that the Tompkins County Board of Representatives f recommend that the state highway department reroute Rt 13 traffic to Rt an and George Road - ! H wy Supt Gilbert - the county will not get around to replacing the bridge on George Rd and George Rd will not hold up to the weight and amount of traffic that it would have to carry . There was some d iscussion and Clm Evans withdrew is motion . RESOLUTION # 123 RETAIN MF HL „LON PERKINS TOWN _ATIORNEY Clm Hatfield offered the following resolution and asked for its adoption : ( original in minute book ) 2nd Clm Oarlock Roll call vote "- all voting Yes RESOLUTION #E124 WATER SER IU_ AGREEME=N;r Chin Garlock offered the following resolution and eked for its adoptions RESOLVED , that this Town Board authorize Clm Garlock and Cirri Hatfield to finish the outstanding items in the water service agreement with the Village of Dryden . • 2nd Clm Evans Roll call vote - all voting Yes u !_amir y • L - . f. r RESOLUTION NO . 125 - 1989 Councilman Garlock offered the following resolution and _' asked for its adoption : WHEREAS , the Town of Dryden has adopted the Town of D ryden Zoning Ordinance and the Town of Dryden Mobile Home • Ordinance and certain amendments thereto , all of which make ✓ eference to the term mobile home , and WHEREAS , that term is defined in the Town of Dryden Mobile Home Ordinance and excludes from its definition any structures which lack the certification required by the U nited States Department of Housing and Urban Development , and which do not comply with the National Manufactured Home Construction and Safety Standards , and WHEREAS , it is the intention of and has been the intention of both Ordinances to exclude from the Town of D ryden any structure which does not fit the definition of mobile home as set forth in the Town of Dryden Mobile Home O rdinance , and WHEREAS , any structures not meeting such definition would also not comply with Part 1221 of the State Uniform Fire Prevention and Building Code and therefore could not be u sed for dwelling purposes unless it were an existing n on - conforming use , and WHEREAS , this Board held on March 14 , 1989 a public hearing on proposed amendments to the Town of Dryden Mobile O rdinance which would clarify the intention of the Town in restricting such structures pursuant to Resolution 71 - 1989 , and WHEREAS , it was the intention of this Board to adopt t he amendments as proposed and through unintentional confusion such action was not taken although a Notice of Adoption was duly published in The Ithaca Journal on March 31 , 1989 , and WHEREAS , there now appear to be certain other technical corrections necessary to revise the proposed amendments , and WHEREAS , the Notice of Adoption published in The Ithaca Journal is a nullity because of the unitentional failure to formally take action of the proposed amendments after the public hearing on March 14 , 1989 , and WHEREAS , the Town of Dryden should promote the health , safety , comfort and welfare of people residing within the Town of Dryden by restricting such structures which do not fit the Town of Dryden definition of mobile home , and WHEREAS , it is now in the best interests of the Town to amend the Town of Dryden Mobile Home Ordinance and the Town o f Dryden Zoning Ordinance for the purposes and reasons set forth in the recitals herein , NOW , THEREFORE : 1 . The Town of Dryden Mobile Home Ordinance is amended as follows : ARTICLE I . GENERAL is hereby amended by renumbering Section 102 ( 3 ) as Section 102 ( J ) ( a ) Mobile Home - and by adding thereto a new paragraph ( b ) Non - Conforming Mobile Homes - to read as follows : ( b ) Non - Forming Mobile Homes . A structure which would be a mobile home as herein defined except that it lacks the certification required by the United States i Department of Housing and Urban Development and/or it does not comply with the National Manufactured Home Construction and Safety Standards shall referred to as a " non - conforming mobile home " . ARTICLE II : INSPECTION AND ENFORCEMENT is hereby amended by adding a new subsection ( C ) to Section 201 to read as follows : ( C ) Non - conforming mobile homes are not permitted in any zone in the Town of Dryden . 2 . The Town of Dryden Zoning Ordinance is amended as follows : ARTICLE III . DEFINITIONS is hereby amended by n umbering the first two paragraphs as Section 300 and S ection 301 and by adding thereto a new Section 302 as follows : Section 302 . Sections 102 ( J ) ( a ) and 102 ( J ) ( b ) ( Definitions : Mobile Home and Non - Conforming Mobile Home ) of t he Town of Dryden Mobile Home Ordinance shall apply to this O rdinance . ARTICLE X . MOBILE HOMES is hereby amended by adding a new Section 1003 to read as follows : Section 1003 . Non - Conforming mobile homes are not permitted in any zone in the Town of Dryden except as an established non - conforming use . A non - conforming mobile home may not be used to replace another non - conforming mobile home . 3 . The Town Clerk shall give the required legal notices of such proposed changes and notice that a public hearing will be held by this Town Board on the proposed amendments to the Ordinances on May 23rd , 1989 at 5 : 30 o ' clock in the afternoon of that day . Seconded : Councilman Hatfield Roll call vote - all voting Yes lib _ , ' (Pleas. Use this Form for Filing your Local Law with the Secretary of State) Text of law should ba given es amended . I)o not Include nutter being, eliminated and do nut use Italia or underlining to Indicate new mutter . Canty . Cisy( of Dryden Town ............... ... .................. ........................._....... .................... ................ .,...,....._. Within Local Law P(o. .......w a.. » ._..._....._.»...._» . ._ of t1►a year 19 3l .._... A local law ....1/WIAAIS.LLIfLaCII.P.PAge and ....... ( ect tt4t4 1!e It enacted by the ... ». ._. 1'oan �llon � d ...... _ _ .._..»_.. _ .»,........._... »......_.. of the CiAtAff eitta (Rae• d t yn•W1.. Ydr) ol ......._.. Ilrl'.dCU. as foil awa: ° Town _ ............... ... ............ ...... ......._... ............._.........,..... VA HAW' • Ogr7( If additional space is needed, please munch sheets of the seine size as this and nucmher enchyl—i Page 1 Section 1 . Legislative findings and purpose . The Town Board finds : 1 . ) That currently there exists a difference of opinion among experts as to whether it can be dangerous for humans to consume crops grown on land used for the spreading of septage or sludge or to drink milk or consume products of animals which graze on such land ; 2 . ) That until more definitive information is available there is a need for careful management of available open land ; 3 . ) That the septage receiving facility at the Ithaca Area wastewater Treatment Plant is operational and is prepared to receive septage generated or originating within the Town ; 4 . ) That the Town ' s manpower and financial resources are such that . the Town would have serious difficulty regulating and monitoring the disposal of septage or sludge generated or originating outside of the Town while striving to effectively regulate and monitor that which is generated Owithin the Town ; 5 . ) That the inability of the Town to regulate and monitor the disposal of septage or sludge coming into the Town from outside sources could result in serious health v problems for Town residents and environmental damage to property and land within the Town ; 6 . ) That the purpose of this local law is to protect and preserve the health , safety and welfare of the residents of the Town by regulating land use and the disposal of septage and sludge within the Town ; 7 . ) That this local law relates to the property , affairs and government of the Town and its adoption is authorized by the Municipal Home Rule Law of the State of New York and Section 27 - 0711 of the Environmental Conservation Law of the State of New York . Section 2 . Definitions . As used in this local law , the following terms shall ■ have the meanings indicated : DISPOSAL ( Dispose ) - The discharge , deposit , injection , dumping , spilling , spreading , leaking or placing of any septage or sludge into or on any land or water . OPERSON - Any individual , public or private corporation , political subdivision , government agency , department or bureau of the states , municipality , industry , copartnership , asssociation , firm , trust , estate or any other legal entity . SEPTAGE - The contents of a septic tank , cesspool or other individual sewage treatment facility which receives domestic sewage wastes . a • • ' r SLUDGE - Any solid , semisolid or liquid waste generated or deposited from municipal or private sewage treatment ® plants . - STORAGE The containment of any septage or sludge , either on a temporary basis or for a period of years , in such a manner as not to constitute disposal of such septage or sludge . TOWN - The Town of Dryden . Whenever this local law refers to any action which is to be taken or authorized by • the " Town " , the provision shall be deemed to refer to the Town Board unless otherwise specified . Section 3 . Prohibited Acts . A ) No septage or sludge shall be transported into or within the Town for disposal or storage within the Town . B ) No land , structure or, other facility within the Town shall be used for the disposal or storage of septage or sludge , whether generated or originating ' within or outside Oof the Town . C ) No person shall dispose of any septage or sludge generated or originating within the Town except at the septage receiving facility of the IAWWT Facility . D ) No person being the owner , driver , helper , manager or operator of any truck or other vehicle used in the collection , transportation or disposal of septage or sludge shall allow any of said material from said vehicle to fall. , leak or blow from such vehicle upon any of the streets , • � � . highways , sidewalks or public places in the Town , or upon any property in the Town , whether real or personal , public ® or private . Section 4 . A ) Land which has heretofore been used for a landspreading facility of septage or sludge shall not hereafter be used for agriculture until such time as the Town Board receives certification in writing from an independent professional engineer licensed by the State of New York that the content in said soil of pathogens , heavy metals and other substances known to be harmful to humans is within limits established at the time of said certification by the New York State Department of Environmental Conservation . In no event shall such land be used for agriculture ' until at least sixty ( 60 ) months have elapsed since such landspreading occurred . Section 5 . Criminal penalties ; enforcement . A ) Any person who violates any provision of this local law shall be guilty of a Class A misdemeanor, and shall be punished by such fine or imprisonment , or both , as shall be provided by the New York State Penal Law . Each day of continued violation shall be deemed a separate violation of this local law . • B ) This local law may be enfoced by any police officer or by any officer of the Town or by any employee of the Town if so authorized by resolution of the O Y Town Board . Any such e nforcement official is authorized to issue appearance t ickets for any violation of this local law . S ection 6 . • Civil remedies . Nothing in this local law shall be deemed to impair or diminish any cause of action or remedy which the Town may h ave under any other local law , under any statute , ordinance o r regulation or under the common law ; provided , however , that in the case of a conflict , those terms or rules of law which are more restrictive shall control . In addition thereto , the Town may enforce this local law by injunction . • Section 7 . • Liability for. expenses . Any person adjudged in a criminal or civil proceeding to have violated this local law shall be liable to the Town for all expenses incurred by the Town in connection with the proceeding , including the reasonable attorney ' s fees of the Town in connection therewith . Section 8 . Severability . If any clause , sentence , paragraph , subdivision , section or part of this local law shall be adjudged by any coat of competent jurisdiction to be invalid , such judgment shall not affect , impair or Invalidate the remainder thereof 0 but eha11 be confined in its operation to the clause , sentence , paragraph , subdivision , section or part thereof directly involved in the controversy in which such judgment is rendered ', Section 9 . When effective . This local law shall become effective July 1 , 1989 . S • (Cunarl.+4a the erfliliaoliun Fnth45 leiregroph whir h Ri1Ifnr to like filiiiH Ilf tllit 1I14:4u1 few LLILLI stUIke min tlio metier 'herein which in nut +Fpplivable. ) J , f f iou l ullupIJuu by !null JogkkIative tcwly only . ) . 1 hereby certify that ihelocei law nnriS: aeri hnrerr}, dr „ iivail; d His I ' Y ' =:II law NL,, Ir1 ILi !L9 of the 'I�r�,`wn af , , , ,I ty.dgp, wen duly pneevd Ly the 1'rJ.y IL, . 11�sl lr,tl 7ir1 IN •uia ii! l .rii• 1 •Ijt • Uodrt on F7liv i9 . 5.9. . . 1 in Eletp deliCC with the AJFlnli ;aI lc !provision of Jaw. ( P4Nr ege by local IugisluItive body with approval 4r no diespptr, vel by i'= irwrivo Chief F: wt eutfve tiffioer Lie repuisage oiler d16upproval . ) herel ; y r. r. rl ify i hni the Jocnl low nnncsed herein, desigiiuie4lns Irw_ �� 1 I uw F"ln of I ; County Oldie y��, II )' cif wan dilly linseed by the * 11i r ik5in• •1 l .a +la1 .1J, • Hu do .11011 ilLAnliliit_ivi ,} an 19 8n4 w4J# FEprIr YVe{I Iiy 1:1 . i:. j . rMlir r.nela .seL alter disaiproval n11l Wes rleenin{ fl ainfad a J ). .. . . .-. + e Will , LIiE 141111 it mile InnrleintFs of law. 3 - Wine] adoptlun by ruierrnduiU F1rn `I� yccrtifylllnt IILe ail law annexed hereFca Amirante.' in ur; ul I1wf4i ,, ul 1 ) f. .ciiiilly 1111: ally +,� f 11Y14U S L1u] y ' tassel by der . • ViIio 1. IMa ua „I LaiY�J Hif . ti� drt n divni •pruticil oil 19 nod we . nl J rovl:rJ by LIB _ repna i:d rifler + 9upiririvlil i:Y• chh1 • 1;x1+{ kl • • •l . . • LMH1, at • c ri 1 �i1 . .- .-. . . s,1 . F I - oi ltLW w1US SilI ' 111114`[d to Ilse i it rill & Ly ceibs ai of II nbendatnry peFrniwsive re (erediEIum , nod receiwe i the Wining e . 4111 of 8 II.jr rily a, f tile qualified ekec; I{Jrs vutiil general iliererei al the slpeeinl election held on 1J , [IL oC{;r}l + l , lucc wikkl the niy ki - oYolYel CONE prs� vlllio{l rsl iow. 4 . { Subject to pnrminnlwa rrnfarand , Lind final edtFpiluli bociluae . r, vnlld plait Rill IlltiiI 11n41Uehtin6 rointodu,u ) M hetriJy Genii/shot t JDCGL iaw annexn4J hereto. clesigunied ns I . I IOW Nu, es 19 C—aunty City of the Town of was duly mooed by ile : ,- Loh yJJ 11 age eNaMr ut L .•yi ajYp llulft 7 Ilill disntlprowr' Ii 19 null w ;IN of prove{I by 1 "1!: . . . . . . . .. . . ... . . .... . . . . 1i11 rep05 Anil after 111t; niyleovili hia ' ! I , s CAW t .+ tulle tJtti4 r.. e 191 I Such Orr; al In " . k�l.`11i#4 A1111 'ji .r7 i iu :1 Jii ' rlki' ,' rI ' fc IIiIrII ;tllil rLL1 valid pm ' Lon requesting such referendum having been (ilc i, solid I .ntai I nw wtls c1 ', ! rlu•,J duly d lirt; , i on it . .,,, , , t In + cr:9401111re_ w' lll tie?` nlrF iJr', 11 Iilci 4' I I IIA fa I 051 • •Ekttive Chin Farcuihe QIlkn mc,na or iududer« the chid rxetuiivr uFfF-rr of a t, , ,, Ili rErelnt un a Cou,lly -14idr bard or, J1 Mrs be ogee. Ih■ chabman of iht cos Ely JleyJrlal}re h0d4r the mayor of ■ thy or villrya or the rup#rriaor al • tow , ■r_u web ofrear it mod >• fl pewee to approve is Redo Joao lawn Ar unitai nrn, Pnge 2 ! ••• . * mrt . - . I �City lotol law aooaerning Charter revI Ion propoiod l.y printout . ) .I hatch} cnriJf lrtt ritetocnl jawnnnexadhereto, deatguot*.itanlocnl Inwthin, , , or 19 Of the City 0 Itavilifi 'pith Dubliiilitld ilo f renduan purenrnt to ' ha �rQwtbisln ■ of 7 0 Thinici#.al Eionla h ule Low, aa it having rr. rrI ai il:lave vote of a m4iuraty of the qualified electors of such • voting thereon of ijir sprat election held on .. .,,, ,.. r p y + nerrl I9 ,.,, .., ,4rrbecama operative. • . a , (Coulaty local law concerning adopt.' nu of • • ler. l I hereby certify (Jul Hsi . - ;kW uil PICA ed herein. ttesigi1;L is Local Low No. . . . . .. of I9 , . , . ., or due Couuiy or Shia of Now York , h;lvilfg bee al+a1rtttCJ to " lie E: lectars pt rite General Election of No ' i er , 19 I+ ursua �lt to subdivisions S en rSectlon 3] or the i.Itarii- cipa] Home Rule lv, and having reechoed Ih ' affirniaiive vole or ill arIejoriiy of ' tic iced declare or the titles or sa Dunty as a unit and of r majority or tilt qualified electors or the town said county ' conald P1 a unit voting at SEW general election , beaarne epceraliVe . 'rimy other autherhsed Iprro of final adoption ban (keen fu] Iowad , pieties provide ne uppropr Lr C erttri10 o I 1 004 cr, r ( fol.ther terrify that 1 have careparcd 'ha preceding local law with the oritcina] On file In this office land that file ' aama it a correct tranacript thorofroin and or Ilia whole or such original keel Isw , end . Wile flo ■ EIy adopted In thin manner Indicated In paragraph ]. 'thrived r k _ _ . . _p AM } oda, or th■ County LbsiuLNlre t'J , Cray, I • n 01 I I. 041 II I or I &Hiou Odula ietr6 by Lout i•al tl+o bed* natal llsy ].p , 1. 989 • (Seal) ( Certification to bo ekeented by County Attorney, Corporation £CUnrink , Town Attorney, Ittlikffe ALiornoy Cr other authorised Attornoy. elf Ioeullty.) STATE or NEW YORK COIJN'n OF „ lroln.i! K t t1'3., Ir the Undersigned, hereby entity that Ilia roregoiug local. low coatnins the currrct lost arid that ail proper proceedings Itava been had or taken rot tha enactment. or Lhe local law annexed hereto. Aiille F Milli on l't: Yk:I. nR sislunlr■ • • Town Att:t)7n+ty 17ur Date : flay ].0 , 1989 Gear% arty of . . .... . ....... ... 'TOW ! ! 11#ilacg4 • 11 1 Fags 3 Beth Sullivan Herren # 3 Hall Woods Road Ithaca , New York 14850 22 April 1990 To the Town of Dryden Board Members : I have composed this letter 1 , 000 times so it is appropriate t hat I finally type it on Earth Day , 1990 . Over the past 18 months I have watched with bewilderment , the events of the W ilcox Press project unfold like a bad joke on the e nvironment . It is in the final hours that I plead my case . I ask you to re - evaluate the entire project and scrutinize t he cold hard facts before you vote in favor of their ninth and " final " site plan review . I am then going to ask you to postpone final site approval until the Environmental P rotection Agency reaches a decision . Finally , I am suggesting that the whole Wilcox venture be scrubbed altogether . I am asking this because I fear the end result . In October 1988 , the proposed Wilcox Press site was issued a n egative declaration , by the Dryden Town Board , as to its 0 impact on the environment and the community . They arrived at t heir decision due to a material misrepresentation on an E nvironmental Assessment Form submitted by Trowbridge and Trowbridge . Later this negative declaration was challenged in a court of law , however the judge ruled that the statute o f limitations had run out and the facts of the case could n ot be heard . Even though the town ' s attorney admits the t own won based on - the statute ruling and not the case ' s merit , the Wilcox , plans went forth . I am now pleading with you not to turn you back on the e nvironment a second time nor on the safety of your fellow n eighbors by hiding behind the court ' s ruling . Please do me a favor and drive to the proposed site . See for yourself the d ark hydric soils outside the silt fence , the land contours , t he fresh springs popping up all over , and the pools of standing water . Next imagine a plant the size of six f ootball field housing seventy ton presses Then drive to W ilcox ' s present facility and picture a larger version of t his eyesore sitting at the entrance to the Town of Dryden . N ow , please consider carefully Wilcox ' s past environmentally h istory and record of failure to comply with existing ✓ egulations . Bill Wilcox told me personally , that should W ilcox ' s air pollution control devices fail they would not shut down the presses and loose money . This is a direct Q violation of DEC regulations . This also is a vivid example o f their blatant disregard for our environment . I � Y _ Wilcox poses a very real and legitimate threat to our acutely sensitive ecosystem and to the safety of our community . It is sad that when finally there has been n global realization t hat we must quickly wage en all out war to protect and save o ur fragile environment and secure its healthy future , that Dryden is continuing forward with this inevitable time bomb and putting it in its own backyard . The past board acted out o f ignorance having been supplied with false information submitted by Kathy Wolfe of Trowbridge and Trowbridge . Why aren ' t they being held accountable ? Anyone walking the site could have seen the inaccuracies on the EAF . Now that the t ruth is before the current board , I ask that you please , use the same careful and cautious thought process you have taken with the DR - 7 site when reviewing the Wilcox Project . To t reat the Wilcox sight any differently than your treating the D R - 7 site would be hypocritical . Show the strength of the town board to keep Dryden a safe , clean , and healthy e nvironment . O ne last consideration I would like you to make . Wilcox P ress and particularly Torn Parziale have made Many promises t o the town . To name just a few : there was the scenic and sound barrier , the first proposed water district , no C & D f ill used on site ( PVC pipes and Marchell ' s trash on property , f air price for acre to re - route 366 , and better cooperation w ith the neighbors . The only reason Wilcox Press agreed to 0 assist the town with the Turkey Hill water district is because they need the water to get insurance . Beck in J anuary , Pareiale was adamantly against the Turkey Hill water d istrict and now that Wilcox needs water we see fir . t uaperatier . I ' m tired of the wool being pulled over e veryone ' s eyes . I wanted to tell you all this at the last town board meeting but for reasons unknown to me Wilcox ( orb the agenda ) was passed over . I work out of town so I must make great changes in my own schedule to carne to the normal second Tuesday meetings . Why is it that the board allows Wilcox to call meetings that accommodate only their schedule ? Is it normal f or town government to call special meetings , particularly w ith such a sensitive issue ? I appreciate you taking the time to read this . I can only hope that this is stopped totem re Wilcox Press in running and ✓ uining the town . Prase look at the facts and review Them carefully and vote with s conservation ethic en we have a w orld that is safe and secure and that we are proud to hand d awn to our future generations . Thank you 4L±i; 19&tS 77 5 - 9 - 89 page 6 RESOLUTION # 125 AMENDMENTS TO MOBILE HOME ORDINANCE Clm Garlock offered the following resolution and asked for its adoption : ( original in minute book ) 2nd Clm Hatfield Roll call vote --• all. ° voting Yes S upv Schug - scheduled a public hearing at 5 : 30PM at Varna Community Center on May 23rd - amendments to mobile home :ordinance RESOLUTION # 126 ESTABLISH SEWER RENT LAW SEWER DISTRICT # 2 VARNA Clm Garlock offered the following resolution and asked for its adoption : RESOLVED , that this Town Board establish a sewer rent law for the Town of Dryden Sewer District # 2 Varna and schedule a public h earing . 2nd Clw Walbridge Roll call vote - all voting Yes S upv Schug - scheduled public hearing for May 23rd at 5 : 45PM at Varna Community Center - establish sewer rent law district #2 RESOLUTION # 127 -- 198 ACCEPT__ OFFER OF DEDICATION OF_ BROOK _ TREE_ LANE, o Clm Evans offered the following resolution and asked for its adoption : ( original in minute book ) 2nd Clm Hatfield Roll call vote - all voting Yes There was some discussion with regard to the sludge dumping and the Town Board felt that if this local law could not be enforced adequately they would rescind the local law RESOLUTION # 128 -- 1 989 TOWN OF DRYDEN LOCAL LAW # 1 - 1989 Clm Evans offered the following resolution and asked for its adoption : ( original in minute book ) 2nd Clm Garlock Roll call vote Supv Schug Yes Clm Evans Yes Clm Garlock Yes Clw Walbridge Yes Clm Hatfield No RESOLUTION # 129 SUPPORT LEGISLATION REGARDING SQL 1 D WASTE Clm Evans offered the fallowing resolution and asked for its adoption : RESOLVED , that this Dryden Town Board support Senator Seward ' s legislation regarding solid waste . 2nd Clw Walbridge Roll call vote - all voting Yes . , • RESOLUTION NO . 127 1989 ° O ACCEPT OFFER OF DEDICATION OF BROOK TREE LANE dim Evans offered the following resolution and asked for its adoption : WHEREAS , the developer of certain property south of H unt Hill Road near the intersection with Ellis Hollow Road has partially constructed a proposed road , and WHEREAS , the developer has offered to dedicate the same to the Town of Dryden prior to its completion , and W HEREAS , the road to be designated as " Brook Tree Lane " has to date been constructed according to Town of Dryden H ighway specifications and such construction to date has been approved by the Town of Dryden Highway Superintendent by letter dated 08 May 1989 , and W HEREAS , the developer has not yet furnished to the Town Attorney all of the necessary documents to convey the same to the Town as a Town road , N OW , THEREFORE , BE IT RESOLVED by this Town Board that t he road shown on the map entitled " SURVEY MAP SHOWING P ROPOSED BROOK TREE LANE TO BE CONVEYED TO THE TOWN OF D RYDEN " dated August 19 , 1988 made by T . G . Miller Associates , P . C . , and which is incorporated herein by 0 reference be , and hereby is , accepted as a Town road and the same is to be added to the official Town map , and the Town H ighway Superintendent is authorized to place the appropriate road signs thereon and to take any and all steps necessary to maintain said road as a Town road following its completion to Town of Dryden Highway specifications and said ✓ oad shall from this day forward to be known as Brook Tree L ane . This resolution and acceptance of the road are specifically conditioned and contingent upon the following : 1 . The developer pay all costs necessary in connection with the filing of the map , deed and other documents including all abstract and related costs . 2 . That until such time as the taxable status with ✓ espect to said road is changed to reflect its use as a ✓ oad , the developer pay all real estate taxes assessed on said road . 3 . That the developer warrant materials and workmanship in the construction of said road for a period of o ne ( 1 ) year from the date of final completion of the road . 4 . That such acceptance shall not be effective u nless and until the developers have furnished to the Town Attorney the necessary abstract of title , survey , road profiles and all required documentation to convey the same I a to the Town of Dryden and indicating a good and sufficient marketable title to the road and all of which is to be to t he satisfaction of the Town Attorney . 5 _ That the developer file with the Town Clerk a bond , cash deposit , or other certified funds , or a letter of credit in the amount of $ 155 000 . 00 _ to cover the completion o f the required improvements to said road , including those set forth herein and in the letter from the Town Highway S uperintendent dated 08 May , 1989 , which conditions are incorporated herein by reference , and such security be in a form acceptable to the Town Attorney and be for a period of n ot less than one ( 1 ) year . Improvements to be completed include ( but are not n ecessarily limited to ) : a . Maximum grade of road not to exceed existing mown o f Dryden specifications . b . Double application of number 1 stone and oil according to Town of Dryden specifications , c . Certification by licensed engineer or surveyor that final road grades comply in all respects to Town of D ryden specifications and that all improvements have been constructed entirely within the area to be dedicated to the Town . 6 . That no building permits for any lot which ✓ equires as its road frontage access an to Brook Tree Lane shall be issued until such time as the Town Attorney has accepted the documents called for in this resolution and the deed to the Town has been recorded in the Tompkins County Clerk ' s Office . , Seconded ; Councilman Hatfield Roll call vote - al.X voting Yes i TOWN OF DRYDEN • DRYDEN, NEW YORK 65 EAST MAIN STREET, DRYDEN , NEW YORK 13053 607-844-9120 In the Heart of the Finger Lakes Reston ZONING & BUILDING CODE ENFORCEMENT Date : May 4th , 1989 To : James Schug , Dryden To Supervisor From : Henry M . Slater , Zoning & Building Code Enforcement Office Town of Dryden 65 E . Main Street Dryden , New York 13053 Sub '. : April Zoning & Building Code Activity Dear Jim : During the month of April , this office issued 21 Building Permits and are described as follows : A- 1 Single Family New Starts : ( 5 ) A- 1 Single Family Relocations : ( 2 ) A - 1 Single Family Extentions : ( 3 ) O C- 4 . 1 Private Garage Structures : ( t, ) Convert C - 4 . 1 to A- 1 & add replacement C - 4 . 1 : ( 1 ) A- 1 Relocation within the Town of Dryden : ( 2 ) '. N- 1 Summer Retreat Structure : ( 1 ) A - 1 Add an Exterior Deck to Existing Home : 0 ) C - 1 Place ( 3 ) Rail Road Cars on Tracks For Office : ( 1 ) Total ( 21 Please find ( 5 ) unsafe structure reports which this office is turning over to the Town Board for action as we indicated we would last month . As you ' ll note from the data attached to each file , we ' ve been working with each of these Town Residents for the past year with little to no results . As per Local Law E: ( 2 ) of 1981 , it now becomes an action item for the Town Board to respond to . Zoning Variance Requests for April was only one . As you may be aware , that request was carried over from the March 89 Agenda . The Z . B . A . , after careful consideration , the Board ruled , " since applicant couldn ' t establish that no allowed use could not be applied with less than a reasonable return " , there was no grounds to grant a variance . The request was denied 5 to 0 . I again urge you to consider the Zoning Modifications Reviews that this office has been asking for since Sept . 1988 . The Dryden Town Z . B . A . has also aked me to again urge that such review and suggested changes be adopted . This office As now completed well over 50 % review of the Town for Vehicle Zoning Violations . This past month saw ( 7 ) violators brought to compliance by the Town Court . Of these , ( 5 ) were fined and order to comply and ( 2 ) were conditionally discharged after compliance had been achieved . r • April Report Cont . We have also issued the Certificates of Occupancy b Compliance as follows : Certificates of Occupancy : ( 5 ) Temporary Certificates OF Occupancy : ( 3 ) Certificates of Compliance : ( 1 ) Fire Safety Certificates of Compliance : ( 2 ) Thank you , 4flij 7194 ot Henry . Slater CC : All Dryden Town Board Members , Mahlon R . Perkins , Dryden Town Attorney Susanne I . Lloyd , Dryden Town Clerk • 5 - 9 - 89 page 7 ® CORRESPONDENCE Ambulance report Dog report ZONING OFFICER - report given to Board member FINANCIAL REPORT - given to Board members JUSTICE REPORT - $ 4 , 908 . 00 for the month of April RESOLUTION # 130 ARCHEOLOGICAL STUDY DRYDENL. AKE_ Clm Evans offered the following resolution and asked for its adoption : RESOLVED , that this Town Board approve the funds for the archeological study in the Dryden Lake Recreation area . 2nd Clw Walbridge Roll call vote Supv Schug Yes Clm Evans Yes Clm Garlock Yes Clw Walbridge Yes Clm Hatfield No RESOLUTION # 131 APPROVE AGREEMENT WITH NYSE & G Clm Hatfield offered the following resolution and asked for its a adoption :: RESOLVED , that this Town Board approve agreement to allow NYSE &G to install the required reduced pressure backf lc' w preventer in the Town ' s meter pit and to take over ownership and maintenance of the NYSE & G hydrant system . 2nd Clm Evans Roll call vote - all voting Yes RESiOLUT I O NI # 132 AUDIT GENERAL FUND BILLS Clm Evans offered the following resolution and asked for its adopt ion RESOLVED , that the general fund bills be paid as audited ( $ 22 , 705 . 10 ) 2nd Clm Hatfield Roll call vote - all voting Yes RESOLUTION # 12, 3 AIJD I T HIGHWAY FUND BILLS Clw Walbridge offered the following resolution and asked for its adoption : RESOLVED , that the highway fund bills be paid as audited ( $ 53 , 730 . 84 ) 2nd Clm Garlock Roll call vote -- all voting Yes RESOLUT Y ON # 134 AUDIT CfP X PS FUND Clm Evans offered the following resolution and asked for its ® adoption : RESOLVED , that the capital fund bills be paid as audited ( $20 , 693 . 95 ) 2nd Clw Walbridge Roll call vote -- all voting Yes • 7 ? • 5- 9-89 page 8 � . 411 / \SOLUTION # 135 AUDIT SPECIAL . DISTRICT BILLS D im Evans offered the following resolution and asked for its adoption = RESOLVED , that the special district bills be paid as audited ( $ 56 , 011 . 8E ) end Clw Walbridge Roll call voting - all voting Yes NEW BUSINESS S chedule special meeting May 17th at 12 noon Varna. Community Center S chedule special meeting May E3rd at 5 3OPM Varna community Center . � _ Susanne Lloyd Town Clerk 41) I s NOTICE OF PUBLIC HEARING ® TOWN OF DRYDEN PROPOSED LOCAL LAW # 2 - 1989 NOTICE IS HEREBY GIVEN , that a public hearing will be held by the Town Board of the Town of Dryden , at 5 : 45 P . M . prevailing time on Tuesday , May 23 , 1989 at the Varna Community Center , 943 Dryden Road , Varna , New York , to consider a proposed local law establishing the Sewer Rent Law for Dryden Sewer District # 2 in the Town of Dryden . The text of the proposed Local Law is as follows : S • w SECTION 1 . TITLE . This Local Law shall be known as the Dryden Sewer District # 2 Sewer Rent Law . This Local Law shall apply to the Dryden Sewer District # 2 as established by the Town Board of the Town of Dryden by an Order establishing the said District tiled in the Tompkins County Clerk ' s Office on May 3 , 1967 . S ECTION 2 . AUTHORITY . This sewer rent law is e nacted pursuant to Article 14 - F of the New York General Municipal Law . S ECTION 3 . BASIS OF THE CHARGE OF SEWER RENTS . The basis of the charge for sewer rents shall be on a unit basis and water usage basis as herein set forth . In calculating such charges , the following shall apply : a ) Each single or two family dwelling shall be one u nit , b ) The number of units assigned to a boarding house or for student housing shall be determined by dividing the n umber of lawful potential occupants by three ( 3 ) . Any fraction shall be increased to the next whole number . c ) Residences other than single or two family dwellings shall be counted as one unit for the first apartment therein , plus three - quarters ( 3 / 41 of a unit for each additional apartment . d ) Each mobile home in a mobile home park shall equal three - quarters ( 3 / 4 ) of a unit . Each mobile . home on a Ana tax separate A p parcel shall equal one unit . • e ) Each laundromat shall equal ten ( 10 ) units . f1 Each car wash shall be assigned two ( 2 ) units for e ach four ( 4 ) bays . Any fraction shall be increased to the n ext whole number . g ) Commercial establishments with less than five ( 5 ) full time employees or equivalent shall be assigned one and o ne -quarter ( 1 - 1/ 41 units . The number of units to be assigned commercial establishments with six ( 6 ) or more full t ime employees or equivalent shall be determined by dividing t he number of employees by three ( 3 ) . Any fraction shall be increased to the next whole number . SECTION 4 , PAYMENT DATES ; PENALTIES • and ENFORCEMENT . ( 1 ) Payment of the sewer rents shall be made within 3D d ays of billing without penalty . ( 2 ) Any payment received after 30 days of billing shall include a 10 % penalty of the amount due . Ilk C3 ) If payment of the amount due , plus penalty if applicable , is not made within 60 days of when due , then the amount due plus penalty shall be certified to the Town Clerk and the Town Board and may be collected and enforced in the same manner and at the same time as may be provided by law for the collection and enforcement of Town taxes . SECTION 5 . CALCULATION OF SEWER RENT . The District shall charge and collect for the use of the Dryden Sewer D istrict # 2 the sewer rent rates as provided in this local law . In computing the sewer rent , the following shall apply . 410 a ) The water meter for the premises connected to the sewer system shall be read and the water usage computed for each billing period . • • .. l • L iRg f • b ) Based upon the water usage , the calculation of the 1 sewer rent shall be made by multiplying the number of gallons consumed in the billing period by $ . 13 per 100 gallons , The product shall be the base sewer rent for the billing period . c ) The District may impose additional sewer rents on a per unit and/or water usage basis for users of the sewer system to pay for the District costs of operation , maintenance and repairs of the sewer system ( other than those direct costs to be billed in ( b ) above ) . S ECTION 6 . SEWER RENT FUND . Revenues derived from sewer rents , including penalties and interest , shall be credited to a special fund , to be known as the " sewer rent fund " . Moneys in such fund shall be used in the following O rder ; a ) For the payment of the costs of operation , maintenance , and repairs of the sewer system or such part or parts thereof for which sewer rents have been established and imposed . b ) For the payment of the interest on and amortization o f , or payment of , indebtedness which has been or shall be incurred for the construction of the sewer system or such part or parts thereof for which sewer rents have been e stablished and imposed ( other than indebtedness , and the . interest thereon , which is to be paid in the first instance ' from assessments upon benefited real property ) . c ) For the construction of sewage treatment and disposal works with necessary appurtenances including pumping stations , or for the extension , enlargement , or ✓ eplacement of , or addition to , such sewer systems , or part o r parts therot . S uch revenues from sewer rents shall not be used ( 1 ) to finance the cost of any extension or any part of a sewer S ystem ( other than any sewage treatment or disposal works with necessary appurtenances including pumping stations ) to serve unsewered areas if such part has been constructed wholly or partly at the expense of the real property e specially benefited , or ( 2 ) for the payment of the interest o n , and the amortization or , or payment of , indebtedness which is to be paid in the first instance from assessments upon the benefited real property . . S ECTION 7 . EFFECTIVE DATE . This Local Law shall take effect upon filing with the Secretary of State and the compliance with the provisions of the New York General Municipal Law . • 01•• ••••••; : •2-t^ 1 • •iIt. II . • • S . , . • (Please Use this Form fur Filing your Local Law with the Secretary of State) Text of taw should be given as amended . Dn n include matter being aliminated and do not use Italics or unde ®Ining to Indicate new :natter. County: • City( of Ilrvklen . Town Village Local Law No. ...... ... .....2.........._. of the year 19 . . A local law ,eutah .lisItIng Elie Sower (twit: Law for Dryden Sitwur Ill :: trlt t: tl :; It...n int.) be it enacted by the .:'9.1011 ..li9PI mom. a lay lelellive than Of the Courtly (3itp of . ILYA as follows : Ni llacg+ax • AL Q. `"j'(I ( additional space is needed, please attach sheets of the snipe size as this and number ench i Page 1 SECTION 1 . TITLE . This Local Law shall be known as the Dryden Sewer District 112 Sewer Rent Law . This Local Law shall apply to the Dryden Sewer District # 2 as established by the Town Board of the Town of Dryden by an Order establishing the said District filed in the Tompkins County Clerk ' s Office on May 3 , 1967 . SECTION 2 . AUTHORITY . This sewer rent law is e nacted pursuant to Article 14 - F of the New York General. Municipal Law . SECTION 3 . BASIS OF THE CHARGE OF SEWER RENTS . The basis of the charge for sewer rents shall be on a unit basis and water usage basis as herein set forth . in calculating such charges , the following shall, apply : a ) Each single or two family dwelling shall be one u nit . b ) The number of units assigned to a boarding house or for student housing shall be determined by dividing the number of lawful potential occupants by three ( 3 ) . Any fraction shall be increased to the next whole number . c ) Residences other than single or two family dwellings shall be counted as one unit for the first apartment therein , plus three -quarters ( 3 / 4 ) of a unit for each additional apartment . d ) Each mobile home in a mobile home park shall equal three -quarters ( 3/ 4 ) of a unit . Each mobile home on a - separate tax map parcel shall equal one unit . e ) Each laundromat shall equal ten ( 10 ) units . f ) Each car wash shall he assigner) two ( 2 ) units for e ach four ( 4 ) bays . Any fraction shall be increased to the next whole number . g ) Commercial establishments with less than five ( 5 ) full time employees or equivalent shall be assigned one and o ne -quarter ( 1 - 1 / 4 ) units . The number of units to be assigned commercial establishments with six ( 6 ) or more full t ime employees or equivalent shall be determined by dividing the number of employees by three ( 3 ) . Any fraction shall he increased to the next whole number . S ECTION 4 . PAYMENT UA'1' F. Si� PENALTIES ; and ENFORCEMENT . ( 1 ) Payment of the sewer rents shall he made within 30 days of billing without. penalty . ( 2 ) Any payment received after 30 clays of billing shall include a 10 % penalty of the amount due . ( 3 ) If payment of the amount due , plus penalty if applicable , is not made within 60 days of when due , then the amount due plus penalty shall be certified Lo the Town Clerk and the Town Board and may be collected and enforced in the same manner and at the same time as may be provided by law for the collection and enforcement of Town taxes . S ECTION 5 . CALCULATION OF SEWER _RENT . The District shall, charge and collect for the use of the Dryden Sewer, District 112 the sewer rent rates as provided in this local law . In computing the sewer rent , the following shalt apply . a ) The water meter for the premises connected to the sewer system shall be read and the water usage computed for each billing period . 4011 A • .r 'I b ) Based upon the water usage , the calculation of the sewer rent shall be made by multiplying the number of gallons consumed in the billing period by $ . 13 per 100 gallons . ' The product shall be the base sewer rent for the billing period . c ) The • District may impose additional sewer rents on a per unit and/ or water usage basis for users of the sewer system to pay for the District costs of operation , maintenance and repairs of the sewer system ( other than those direct costs to be billed in ( b ) above ) . • SECTION 6 , SEWER RENT FUND . Revenues derived from sewer rents , including penalties and interest , shall be credited to a special fund , to be known as the " sewer rent fund " . Moneys in such fund shall be used in the following order : a ) For the payment of the costs of operation , maintenance , and repairs of the sewer system or such part or . parts thereof for which sewer rents have been established and imposed . b ) For the payment of the interest on and amortization of , or payment of , indebtedness which has been or shall be incurred for the construction of the sewer system or such part or parts thereof for which sewer rents have been established and imposed ( other than indebtedness , and the e interest thereon , which is to be paid in the first instance from assessments upon benefited real property ) . c ) For , the construction of sewage treatment and disposal works with necessary appurtenances including pumping stations , or for the extension , enlargement , or replacement of , or • addition to , such sewer systems , or part or parts therof • . Such revenues from sewer rents shall not be used ( 1 ) to finance the coat of any extension or any part of a sewer system ( other than any sewage treatment or disposal works with necessary appurtenances including pumping stations ) to serve unsewered areas if such part has been constructed wholly or partly at the expense of the real property especially benefited , or ( 2 ) for the payment of the interest on , and the amortization or , or payment of , indebtedness which is to be paid in the first instance from assessments upon the benefited real property . SECTION 7 . • EFFECTIVE DATE . This Local Law shall take effect upon filing with the Secretary of State and the compliance with the provisions of the New York General Municipal Law . e . - r ( f:nmplelo the certification in the pnrngrrfph %vibe !' npplirs to the, filing; of this ! oral Inw and :strike nut the mnttrr therein niiieh is not npplicnhlc. ) 1 , .( Pion ! ndoplion hV loco ) IrgisInlivc, Ludy (slily . ) I hereby certify dint the ! mid Inw nnllexr( 1 hereto, designalr({ a.^. Leal law N . 2 r,f IU , N`:) gantlity of Ilie ,bi.k� of .... .... . ._.Dr_vden Town hoard Town , was dilly pinned Ily the I4401w• of I .rt •1• 11y. 11•dr ) Ion 2 ;i 19 .. S• ..In ncconinncc with tile. and irnble provisions of ln (.•. . ( Passage by loco ! IegisIntiee 11ndy with iipprnvnI of nn rtisnpproyid Ls EIrctivr thief E ccnllye (If Iir:ef or rcpnssnitr after disrlppici rtl . ) I hereby certify that the local Inw annexed hereto, dncif;nnterlac loral Inw No. of 19 . (;runty of the ity wn of ... . .... ........ . ... . ... . . ... .... ... . . was ihily passed by t tie I:1 •ws• .d I .• rink h { v • Flint , 1 WI , r 1101 dl5api11Ci %t• 1l 011 l9 awl wns npptnt'etI I1y the I Qlerilrr r • •r, h . UIr. •re ns ?; i { nflrP • lI CU11r! V, mnl w• ns dreuted rlu ad11r+ 1r•(I art I !t, , . . . .. • in rlrrnl'ilnn • II. with Curl npl .lieaLle unttisior' s of law. '4 ( iFtnrtl ndoptIon II ) referenda 4 hereby rertify that Ibc cell Inv( nnnrxr• d herelo, ( lcsi ,;uatr. ias ocnl ! n .ci\'1 >_ . 1,hf 19... ... , . . ('sonny City of the of v, is {illy prised I ?`• the• . Clown ( !tam • of I ,rr {•1+ give 116)/ 1 ) �rltt Air, ! III IJ15apinvive1I u1$ 19 and wn . nl ,proved I 'v the tern.. • r (I after I sallprovnl 1:1 • rtt . • chi • I ('.r.. cnlh • ( mien 011 IC) Su . t Ir :nI Inw wns submitted 10 the people by rensan of n mandalnry rote of n inajh 'lity of the qualified elector. voting prnui - : ive referendum , nlnl received Ills affirnlat ' . c general • Iherrnrl AI Ike special clecliv,, held on 19„ necottlnncn nilll the otttlli • ann 11 x11 cnble provisions of law. 4 , ( Sulllvet to permissive ' cir;.r :Jul 11 , nod firm { ndni.lInn he 'muse ) valid petition filed requesting referendum . ) Comity I hereby certify silos 1 c local Inw nnnrxrd hereto, desigiiatr( I ns lay • 1 law Nn. of 1Q Comity of the (;il }• of was duly' sasses! Ir • the 1Own I ) on tr 111A (s1` lit• rnr n! 14• rt • 0 %11 troth ) not disnpprnved 19 and wns improved Ily the ort repassed riper ill ..^• npj.rc. vnI F:Irrhly• Olio tee. hits . • RAIc •r • I!?... .... . . Such Iocn ! law being sulljrd to a permissive tele • rlrlu (n arid no valid pet ' ion requesting such referendum ! laving been filed , Anil! hienl Inw was deemed duly edoptcd on 19 , in nrcordnlice with the applicable provisions of Inv. • I-Itclfve Chief Executive Officer means or includes the chief executive officer of a county elected on a countywide bask ot , If there he none , the chairman of the county Icgblalive b (aly, the mayor of a eity or village of the supervisor of a town , where such officer is vested with power to approve or veto local Inn. or ordinanrea , • rage 7, r __ _ . •• . City local law concerning Chatter ret lslon proposed by petition . ) hereby certify that the local low annexed hereto, designated ns local low No. of 19 ... . of the City o .... hating lain suhniilted to rcfcrcndorn pu nt to the provisions of 4§ 36 37 0 ' Municipal 1 tome Hole Lan'. nuJ loving received the affirm; • . vole of n majority of the qualified electors of such • voting thereon at the � I "`cinl el • nn hebi on gel,C rn 19 became operative. G . (County local law concerning adoption of Char • , I hereby certify that the foe ' • w annexed hereto , design:, as Local Low No. of I9 . . . . . . of the County of , State of New 1'ork , having bee ul ,nliltcd to the Electors at the General Election of N . • I ) cr I9 pursuant to subdivisions 5 an of Section 33 of the Muni- cipal Home Ru . • , w, nnd having received the affirmative vote of a majority of the lifieci electors of the cities o . , c county as a unit and of a majority of the qualified electors of the kiwi . f said county . Bred as a unit voting at said general election, became operative , ( If nay other authorized form of final ndi:, ptinn has hcen followed , p (: ntte provide nu npproprl , certification . ) WV` I further certify that I hove compared the preceding local Ian with the original on file in this office and that the same is n correct transcript therefrom and of the uholc of such original local law , and wn .c finally adopted in the manner indicated in paragraph i nh.. ive . (kr► nr ,he County I• ldai••412-alec y. Oty, l 'n Re Cle , A nr of lien dc,irnlyd My local Irglvr body pate: ,ray 24 , 1. 989 1 410 (Seal) (cettificntion to be executed by County Attorney , CorpnrnUon Comas , . Town Allnrucy , Village Attorney Of other authorized Attorney Of locality . ) S•T'ATE OF NEW YOHI( COUN'l1' OF ... Tornpki "44 • • I . the undersigned, hereby certify that die foregoing. Iona , Inw contains the correct text nn , l tint nil proper proceedings hnve been had or taken for the enactment of the Ico•aI Intl' n r l , cSrd herCto. • e/ All Malt fOil Perk ins 6rpp,. lbrr 'ruin At turnery 0 ITntc : t•I:iV 24 , .1989 4a-4w cifyX or Dryden ' Town YStliyti( rnr, e 3 • All persons interested will be heard at such time . By order of the Town Board Susanne Lloyd Town Clerk