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HomeMy WebLinkAbout1990-03-27 TOWN BOARD MEETING MARCH 271 1990 Supv Schug called the meeting to order at 8 : 00PM'I Members and guests participated in the Pledge of Allegiance Roll call was by the Town Clerk : Present : Supv Schug , elm Roberts , Clm Walbridge , Clan Hatfield , Atty Perkins and Z . O . Slater Absent : elm Corrigan Motion was made by elm Hatfield and End by Dim Walbridge that the minutes of the Feb 25th be approved as submitted . Roll call vote - S upv Schug Yes e lm Walbridge Yes Clm Hatfield Yes Clrn Roberts Abstained CITIZEN PRIVILEGE OF THE FLOOR D ave Crissey , 227 E1one Plain Rd - - he has recently noticed that o n Bone Plain Rd between Wood Rd and Caswell Rd on the Ray D ennis property they are hauling in a lot of junk cars . It is h is understanding that in the Town there is an ordinance against u nregistered and unlicensed vehicles kept on peoples property . He believes that there are about 100 or 150 cars and this is an o n going thing because he did the same thing last year with bringing in a crusher and cleaning up what had been an accumulation for many years of the junk vehicles . Most of them at that time were back in on his own property and not visible from the road . Now they are bringing more in . His wife talked w ith Z . O . Slater about this and apparently there was an u nderstanding that he gave permission to Ray Dennis that this could go on with the idea that they would bring in a crusher and then take them out . His concern is that we have an ordinance against unregistered vehicles and then we have the Zoning Officer sanctioning this activity on the Ray Dennis propmrtyu Z . O . Slater - Ray Dennis came to his office about 3 weeks ago stating that he had an opportunity to bring a crusher in this area but they needed 100 cars . Ray said that he would canvass • the neighborhood and collect the cars that the Town has cited for unregistered or people that had older cars that have been sitting around in their backyard for several years that have no value anymore . re . Z . U . Slater m. technically speaking in the worst case you are violating the junk car ordinance or the unregistered motor vehicle ordinance . Most of these vehicles are in violation anyway so they will be in violation in another place . We gain the opportunity to remove many of them from the township , especially in that area where there are a lot of them . Mr . S ennett had 30 cars on his property that he would be willing to get rid of . 7I TB3 - 27 - 90 page 2 Z . O . Slater - it takes about 30 days from the time we cite Someone until it is taken care of or it ends up in the court system . As far as he could see , he would be in violation of the junk car ordinance . If he agreed to have them out of there in a ✓ easonable time frame , agreed to take care of the environment as h e does the job by not leaving any parts around , contaminate the ground with any fluid and agree to the conditions that he write u p he thought that he could do it . Ray has 2 special permit and commercial garage people , A J Brown and William Sherwood doing the wrecker work for him . They could have taken them to A J B rown or William Sherwood to have done , but the Ray Dennis property was handier because he didn ' t want to haul them in the back since it was muddy . Z . O . Slater - he has looked at the crusher and it has a container for the fluid and he has a commercial license to operate throughout New York State . He looked at it as an o pportunity for the Town of Dryden to get rid of 100 or more cars that were in violation of the abandon car rules and ✓ egulations . He put together the conditions and Ray Dennis said that there were no problems and he would agree to them . Part of the agreement was that the Zoning Office would supervise and keep track as the cars are brought there . He and Clint drive by about every other day to keep track and will be there when the crushing operation is going on and after the crusher has left . The only thing the crusher will not take are the batteries and ® tires and A J Brown has a source for those . The fluids will all be taken care of so he saw no problem with allowing this operation as long as everyone does their job . S upv Schug - the agreement that you made with Ray Dennis was that everything had to be cleaned up by April 10th ? They have to be out of there by April 10th since he does not have a junk yard permit and he will not want to do this every 6 months ? Z . O . Slater - they are to all be out of there by April 10th because he does not have a junk yard permit . He has suggested that Ray try to work something out with John Cooper who is located on Wood Rd if they would like to duo this in the future since John does have a junk yard permit . He feels this would be the proper place to have it done . S upv Schug - the neighbors have told him this same thing h appened 6 month ago . Z . O . Slater - if it did he was not aware of it . S upv Schug -- would like the zoning enforced and enforced fairly . It sounds like you were taken advantage of when you allowed Ray to do this . He could find nothing wrong with what has been done but the Town Board members should have been made aware of this . • The neighbors are concerned this will be an on going situation o f collections of cars 2 or 3 times a year . TB3-27 - YO page 3 Andy Moerlein , North W00d Rd - his concern is that there is a collection cf cars there and they are all not coming from the Town of Dryden . He lives 4 houses from the Groton town line and he sees a lot of cars brought fr '_' m that direction . They are bringing in as many cars as they can because they are making a living from that _ They are making a living off something that is a violation of the town ordinance . They are perpetuating an e ntire organization of junk cars . They did this B months ago and they could have crushed up all of the cars on that property . They have had 3 wreckers working for 3 days in a row , so if they w ere a licensed operating business they would not be allowed to work on weekends . They are working an weekends and late into the e vening . The road has traffic constantly and makes it u ninhabitable . Tom Gr;rssi , iTi Bones Plain Rd n he property joins on the other side of the Dennis property . He had an agreement with Ray that if the cars were not towards the front of the property that it would be okay as far; as he was concerned because he would .just look the other way . He runs e foster home and he realizes that his children are not supposed to be an his property , but once in awhile they have a little one that wanders away so this is a concern to him . He is not here in anyway to find fault with what Ray is trying to do because he is doing the area a service but wishes there would be some way to get a handle an this so it d oesn ' t happen every 3 months . Srapv Gchug - Ray has agreed with Henry{ to have all of the cars crushed and the batteries and tires removed by April 10th since he does not have a junk yard permit . h im Walbridge - Henry should let him know in writing that this is only e one time occurrence and that any other cars that appear them he can expect to be ticketed and brought into curt . Unless he gets a .junk yard permit he can not continue to do this . f . ht Slater - that is fine , because it is what Ray agreed to de . Tom Brassi he wished that in the future if this happens that the neighbors be notified so they have a voice in the matter . This really has an impact an the area . Clint Gotterill - it would be helpful if the Town Hoard clarified the policy sc that if there is to be no carp crushing done unless it is in a licensed junk yard this will solve everything . S upv hohug - if the toning Office had approached the Town Board at their last meeting stating that this is what Flay+ Dennis w anted to do , charges are the Board would have said that if it was a one time deal in order to clean up a mess , the Town Board w ould have probably agreed to he it . The zoning ordinance states that it can ' t be dare . If there is a special occasion where it makes f MARCH 27 , ! 990 D EAR MR . SCHUB , WE ARE UNABLE TO ATTEND THE MEETING TONIGHT , HOWEVER , WE WANT TO EXPRESS OUR ANGER AND EXASPERATION WITH THE FAILURE OF THE TOWN OF DRYDEN TO ENFORCE THE ZONING. . RESTRICTIONS WE HAVE IN EFFECT . -JUST AA FEW HUNDRED YARDS FROM OUR HOUSE THERE IS A JUNKYARD O F WRECKED CARS THAT HAS BEEN GROWING BY SEVERAL CAPS EVERY Cqkrf FOR THE LAST 2 WEEKS . WE CALLED THE TONING` ENFORCEMENT OFFICER WHO ASSURED US THAT THE CARS WOULD BE CRUSHED AND REMOYED INC 2 - 2 DAYS . THAT WAS OVJER A WEEK AGO . BUT THE P OINT IS , WE DO NOT WANT THIS KIND OF ILLEGAL ACTIVITY GOING ON IN OUR NEIGHBORHOOD . THIS .JUNKYARD OAS JUST CLEANED UP LAST YEAR AND NOW IT IS FULL OF CARS AGAIN . THE CARS HAVE BEEN DUMPED ALONG THE ROAD AND IN SOME CASES , RIGHT ON THE S HOULDER OF THE ROAD . THERE IS CONTINUAL ACTIVITY IN AND O UT AND TOW TRUCKS PARKED IN THE ROAD . PIECES OF METAL THAT HAVE FALLEN OFF OF THESE CARS IS STREWN ON THE ROADS . ALL OF THIS CAUSES A DANGEROUS AS WELL AS UNSIGHTLY SITUATION . •.4E ARE SO TIRED OF FIGHTING THIS BATTLE CONSTANTLY , JUST DONN THE ROAD FROM THIS MESS TS AN ILLEGAL " DWELLING " - -- OLD , UNAPPROVED TRA ILEF' S STUCK TOGETHER WITH NO ELECTRICITY OR SEPTIC FACILITIES , ETC . WHICH WE BROUGHT TO THE ATTENTION O F THE ZONING BOARD LAST FALL AND THE PEOPLE ARE Si ILL OCCUPYING IT , E. MONTHS LATER - -TOTALLY ILLEGALLY WITHOUT A VARIANCE . WHY CAN ' T WE HUE THE ZONING REGULATIONS THAT ARE IN EFFECT EP1r' OPCED WHY DS WE HAVE TO COMPLAIN EVERY FEW MONTHS ABOUT THESE TYPES OF PROBLEMS ? WE WORK HARD TO I< EEP OUR HOME AND LAND LOOKING IT ' S BEST AND WE RESENT THE FAST THAT OTHERS TOTALLY IGGNORE THE LAG'J AND APE ALLOWED TO CET AWAY WITH IT . THE ZONIN0 IN OUR AREA IS VERY LIBERAL AND THE LEAST THE TOWN CAN DO IS ( 0 ENFORCE IT . WE ARE ASKING FOR YOUR ATTENTION TO THIS REQUEST . THERE MUST EE SOMETHING THAT CAN BE DONE ? ! S INCERELY . s ékJ �J SHARON D . SUECHEL . RICHARD E . BIJECHEL UN BONE PLAIN RD , TEEET IUTE 73 TB3 - 27 -90 page 4 ® sense to bring a crusher in , then that would be the time to come to the Town Board for their decision . D ave Crissey - wanted to know the process and the time frame for the unregistered cars . Clint Cotterill - he first sends there a notice and waits 10 d ays . If he does not hear from them after the 10 days he goes back if they have not called . If the vehicles are still there he sends them an official violation letter which states that they h ave 10 more days . If we hear nothing after 10 more days or when h e has time after that he then goes back and does another inspection . If they are still in violation and the people have made no effort to talk about a schedule to clean up the cars he f ills out a court paper , which requires 2 to 3 hours for a couple of cases . He files them with the court and once they are filed with the court the zoning office is finished with that certain case . Usually they are in the court 30 to 40 days from when he first starts . The court may get the people with the ✓ iolation in about 2 weeks or it maybe 2 months depending on their case load . From then the zoning office is finished with the case unless we have to appear in court for certain cases . It u sually takes him 30 days before he can get it to the court if they do nothing . If someone calls and says that they will have it cleaned up in 30 days than the zoning office will work with them rather then turning it over to the court . C1m Walbridge - wanted Z . O . Slater to notify Ray Dennis in writing that if there is any violation they will immediately start court proceedings if things are not cleaned up by April 10th and he can expect a visit on April 11th . This will start the countdown as to what the neighbors have spent about 6 months w ith rather than delaying it another 2 months . S upv Schug - he has agreed to clean them up by April 10th and could see no problem with Henry sending him the letter . Clm Roberts - it seems like in this case where the neighbors h ave been subjected to this nuisance if the Town Board receives another complaint we should see what we can do to process it as quickly as possible . Andy Moerlein - gave the Town Board a letter from some people in the neighborhood that could not make tonights meeting . ( original in minute book ) H wy Supt Gilbert - has money in his budget this year to purchase a new trailer , but has decided instead to purchase a used semi - dump trailer . There is money in the budget to buy a used one . He would like permission to either bid it out or go to an auction not to exceed $ 18 , 000 . 00 7 7 TB3-27 - 90 page S There was some discussion as to whether or not the semi -'dump trailer could be purchased at an auction and Atty Perkins will check on the legality of it . RESOLUTION # 114 AUTHORIZE HWY SUPT TO PURCHASE A SEMI -DUMP TRAILER Cim Hatfield offered the following resolution and . aeked for its adoption : RESOLYEDr that this Town Board authorize Hwy Supt to attend a public auction to purchase a semi -°dump trailer not to exceed s t e , r?i o . 00 subject to the approval l o f the Town Attorney as to the legality . 2nd Clm Walbridge Roll call vote - all voting Yes D ISCUSSION P inckney Rd bridge contracts have gone out and the Town has been in contact with the State for the contractor to bury the pipes in the creek bed for future water and sewer lines . Route 13 and Route 3E6 is scheduled to be finished by Sept . and the Pinckney Rd bridge will take about 2 years . S ince the Town has an A rating we will get a 6 . 9 interest rate on the bonds for Monkey Run water and sewer district and Snyder Hill water district . There is a signal scheduled to be installed at the intersection of lit 13 and }-lansh aw Rd in 1991 . This will be a flashing light and not a 3 way signal . The State is under obligation that when they install a signal all the connections have to be there so that it can be converted to a 3 war signal . S upv Schug m has written to the County requesting them to rebuild the Hanshaw and Lower Creek Rd to At 13 _ He will also contact the State about widening At 13 in the area of Hinshaw Rd for turning lanes . D ryden Lake Park - - the parks department received the papers and t hey are being reviewed and there should be no problem . DEC also h as to give their permission to use the land , but for some reason they were forwarded to the State Forestry Dept so they are now looking at the application . He hopes to have the parks department approval within 10 weeks and the state approval . RESOLUTION # 1115 APPOINT PLANNING BOARD MEMBER Claudia Brenner -- Clm Walbridge offered the following resolutSon and asked fnr its adoption ; RESOLVED5 that this Town Board appoint Claudia Brenner to the Planning Board to fill the term of Gene Rotunda which expires in 1996 . 2nd Clm Roberts Roll call vote - all voting Yes 76 T83 - 27 - 90 page 6 There was some discussion to appoint Ray Harris as park commissioner for the Dryden Lake Park to work on the park d evelopment program and it was decided to table the appointment at this time . H unt Engineers in connection with Cornell University agreement to Varna , Monkey Run and proposed Turkey Hill water* and sewer . The Town knows where the sewer line is but Cornell has installed a lot of material and part of the sewer line has been installed above another line that Cornell has put in . Town needs to find o ut how deep Cornell services are CO it can be figured out when the new lines can be installed . Hunt Engineers figures it should cost no more than $ $ , 000 . 00 . Atty Perkins - gave some background information with regard to this problem . When the original Varna sewer district was installed the sewage went to the City of Ithaca treatment plant from the Town of Dryden by going through the Town of Ithaca and lands wholly owned by Cornell University . The agreement reached with Cornell in 1968 was that the Town would construct that connection from the Town of Ithaca and Town of Dryden line to the existing Cornell line or that the Town could transport its w astewater . In exchange for that the Town was granted the use of the 16 inch Cornell intercepter sewer which runs down Tower Road to a manhole on Thurston Ave in the City of Ithaca . Also , Cornell, got to tap into the sewer line to use it and this agreement went for kh years . The agreement will be up in B. more years . What the Town of Dryden did when we established the Monkey Run sewer district was that we would renegotiate that agreement with Cornell University in exchange for the continued u se of the 15 - inch intercepter sewer . The agreement before was limited to the Varna sewer district . do for all additional areas outside of the Varna sewer district Cornell has agreed that the Town could continue to use the lb inch intercepter line if the Town would relocate part of the sewer lire that now goes across some of the parking Lots from Rt 366 toward Tower Road . This is w hat the engineering study is about . RESOLUTION # 116 AUTHORIZE HUNT ENGINEER TEST PITS FOR SEWER LINE O le Walbridge offered the following resolution and asked for its adoption : RESOLVED , that this Town Board authorize Hunt Engineers to dig test pits for sewer lines not to exceed $ 5 , 000 . 00 . 2nd Olm Hatfield Roll call vote - all voting Yes Atty Perkins - regarding DRT landfill site . Pt the request of he Rep Evan he contacted Atty hublio for a / 1 necessary information that might be of help to oppose the proposed landfill, site . a CUSTODIAL AGREEMENT MICHAEL & DEBRA FOOTE THIS AGREEMENT is made this _ 27th day of _ March 1990 by and between the TOWN OF DRYDEN , 65 East Main Street , Dryden , New York 13053 , hereinafter referred to as the " Town " and MXOHAEL and DEBRA FOOTE , 367 South Street , Dryden , New York 13053 , hereinafter referred to as " Foote " . W HEREAS , the Town is in need of certain regular cleaning services , and W HEREAS , Foote is in the business of rendering cleaning services , janitorial services , and general custodial services , and W HEREAS , the parties desire to enter into this contract for cleaning services for the Town Hall on the terms and conditions herein set forth , NOW THEREFORE , the parties hereto agree as follows : 1 . The Town hereby contracts with Foote for cl_ eaninq services as set forth herein . E . The Town agrees to pay Forte the sum of $ 35 ., 00 per week as and for the cleaning services herein set forth . 3 . The cleaning serr i ces are to he performed on at least a weekly basis and within the hours set by the Town . 4 . The cleaning shall be done according to the satisfaction o f the Town ' s duly authorized representatives . 5 . The weekly cleaning of the Town Hail shall be a general cleaning of the Town Hall , including but not limited to the cleaning of the floors , windows ( inside and outside weather permitting and when needed ) , walls and ceilings , vacuuming carpeted areas , cleaning , mopping , sweeping and caring for the floors , restrccros , blinds , and areas that need to be dusted by generally prescribed methods . 6 . Payment will be made to Foote on a monthly basis and based upon a property submitted and approved voucher fon e ach week in which the cleaning services are furnished . 7 . Either party may terminate this agreement upon giving to the other party four CT > weeks prior written notice to that e ffect . Each party will be bernd . by the terms of this agreement up to and including that four ( f ) week period before termination of the contract . 8 . The relationship between the Town and Foote shall be considered that of contractor and owner and in no way shall this contract be deemed to construe Foote as an employee of the Town . 9 . Foote agrees to assume and be responsible for injuries to persons or property for any person injured or any property damaged on account of Foote ' s cleaning or because of his or her employee ' s cleaning of the Town Hall under the terms of this contract - 1 CO . Only such employees of Foote as have been previously authorized to clean the Town Hall will be permitted on the Town Hall premises to f u l f i l l the terms of this contract on the part of Foote to be fulfilled . 11 . Foote agrees to carry all of the applicable and appropriate insurances for himself and / or his or her e mployees , including , but not limited to , health insurance , w orkers ' compensation insurance , disability benefits insurance , and agrees that he will indemnify and mold harmless the Town for any claim , demand or payment of any tax , insurance no other benefit which might be due to Foote o r any other person on account of this agreement and the ✓ elationship contemplated between the Town and Foote . IN WITNESS WHEREOF , this agreement has been executed by the parties n.fl their authorized individuals I this 27th day of March 1990 TOWN OF DRYDEN Al / te ' 7 r . / 7 1IC . . L. FOOTE � tV-J2—f DEBRA FOETE 0 767 Tw3 - e7-90 page 7 upv Schug - Dryden Village sewage plant - Town Engineer S chlecht has spoken with Village Engineer Novelli with regard to fixing or the repair of the plant from the Town of Dryden standpoint of view of what that would cost . What part of the $ 201000 . 00 report is going to give the Town some good out of it . He hopes to have that information by the next board meeting . RESOLUTION # 117 CUSTOD X AL AGREEMENT Clm Hatfield offered the following resolution and asked for its adoptions ( copy in minute book ) 2nd Clrrt Roberts Roll call vote - all voting Yes There was some discussion and it was decided to have an informational meeting at Varna Community Center on May 9th at 7 , 3OPM with regard to the proposed Turkey Hill water and sewer d istrict . Notice of the meeting should include Who can vote , what will be voted on , what the propositions will be . Reviewed draft letter prepared by Attu,, Perkins regarding recreational streams in the Town of Dryden . Atty Perkins - thought that this should be referred to a committee of the Town Board as to what they would like to see in the law , what the permit process will be and answer the questions that he tried to pose on the comments that he has made in the memorandum . He will be glad to meet with the committee to talk about the structure and how it would be done and than a d raft can be produced i= rom that . D lm Walbridge - said that she would be willing to serve on the committee . G lm Hatfield - said he would he willing to serve on the committee to represent the farmers . Mill Walbridge --• thought that hopefully they could start to discuss the RA Zone again . Adjourned : 9 : 30PM Lit or, or 1.11ilk, Susanne Lloyd Town Clerk S