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HomeMy WebLinkAbout1990-08-27 47 TOWN BOARD MEETING SEPTEMBER 274 1990 0 Supv Schug called the meeting to order at 7 : 20PM Roll call was by the Town Clerk ; P resents Supv Schug s Clm Roberts4 Calm Wel, bric1 e4 Clm H atfield4 Clm Corrigan and Atty Perkins RF SUI_ U r I flN 4I' r' a S W, 1 JI . INSTALLMENT PAYMENTS FOR TOWN 6. TAXES Clam Walhridje offered the following resolution and asked for its adoptions ( copy in minute book ) 2nd Cir Corrigan Roll call vote - all voting Yes Atty Perkins - reviewed the site plan approval for WHCU . Nov 29 1359 If between now and the time of driveway paving is ready that the applicant make Arrangements with the state and / or Dave Abbott that the driveway will not enter onto Henshaw Rd but whatever side road would be available . The idea was to see if they could get permission to go across state land and build their driveway across state land to Abbott Rd . The status of Abbott Rd now is a private road maintained by the town . Mr Abbott has a permit to • use Abbott Rd for access from Hinshaw Rd and he may build across state land another private road to his property .y . Ther; e is nothing in the permit that it is assignable or that it could be assigned . W HCU would have to get their own permit from the State . This III should have been addressed early on in the entire planning process when Mr . Abbott started to divide his land in different lots . WHCU does have legal access to Hanshaw Rd . which can not he denied . S upv Sehuq - WHO.' can only use the building for their own business . If they want to rent any of their space they would have to cone back to the site plan review for another hearing . Atty Perkins - the rental of the property w '_' uld be tied to the parking spaces that are required . In Dec 1989 WHCU way on record as not accepting the driveway iodation as approved by the site plan review . The concern of the bard was that they were told WHCU would do something and never did it Atty Perkins -. the board should advise WHCU that the site plan ✓ eview will be glad to conduct another public hearing since they hiRve to submit their landscape plan and the board will look f avorably on their request not to use Abbott Rd but the board w ill want to see a, detailed map of their landscape and drainage plan when they present it based on this de % icon . RESOLUTION NO . 229 ( 1990 ) Councilperson Walbridge offered the following ✓ esolution and asked for its adoption : WHEREAS , The Tompkins County Board of Representatives on August 14 , 1990 adopted . Local Law # 8 which provides that the County o f Tompkins shall become the tax collection agency for the purpose o f collecting real property taxes and special assessments in installments , and WHEREAS , Tompkins County Board Resolution # 315 directs payment t o the Town as compensation for costs associated with the administration of the installment option , the amount of $ 1 . 00 per installment payer , and WHEREAS , the Town Board of the Town of Dryden was on record as being opposed to such local law and does not wish to provide for payment of Town taxes subject to the conditions and terms outlined pursuant to such local law , but feels that since the Town does not h ave the ability to generate its own tax bills and since the Town B oard also feels that Town taxpayers will be disserved and confused with both the County and the Town sending taxpayers separate tax bills , one providing for installment payments and one not including t hat option , ® NOW , THEREFORE , BE IT RESOLVED , that the Town Board of the Town of Dryden does hereby reluctantly adopt the installment option in accordance with Tompkins County Local Law # 8 of 1990 , RESOLVED , further , that the Town Clerk shall , upon receipt of the Collector ' s Warrant , collect the first installment of such installment taxes , in addition to the normal collection of taxes as d irected by the Warrant for those taxpayers who do not select the installment option , RESOLVED , further , that the Town Clerk is directed to forward a certified copy of this resolution to the Clerk of the Board of Representatives as soon as reasonably possible . Seconded Councilperson Corrigan Roll call vote - all voting Yes • I TBS -27 - 9O page 2 S upv Schug a would like Atty Perkins to write to WHCU and advise ® them of such hearing . RCSOLUT I Otd # 230 WHCU Clm Roberts offered the following resolution and asked for its adoption : RESOLVED , that this Town Board authorize Atty Perkins to write to W HCU and advise them that the Site Plan Review Board would be w illing to conduct a public hearing when they submit their landscape plan and the access to their property can be resolved . and ' Clm Walbridge Roll call vote - all voting Yes S upv Schug - Hwy Supt Gilbert had requested information about military leave . There is a state law that controls what the town can do as to how much time can be paid and maintain their .job . Clm Corrigan - it is under the Military Service Act of 1967 . She d id not know if it would apply to an elected official , but they are required to provide like job at like pay on return from the service . This is what Correll , Therm and Morse Chain do and this is an internal policy and not part of the military law . S upv Schug -- under state law you pay them for 30 days at full pay e ver, though they are drawing money from the service . ® Clm Corrigan - it can be a lump sum vacation or a sick leave policy , but you can not make up the difference . S upv Schug -- received a local retirement resolution and wi 11 be considered at the next board meeting . RESOLUTION # 231 REJECT BID FOR LOPUER Clm Roberts _offered the following resolution and asked for its adopt ion : RESOLVED , that this Town Board reject all bids for the leader and initiate a new bid process under the guidance of the town attorney . 2nd Clm Walbridge Roll call vote -- all voting Yes Atty Perkins - reported that the Court of Appeals has not turned d own the case regarding the DR7 site . They are requesting the e ntire record be sent over to the Court of Appeals Office in the Appellate Division , Atty Perkins - reported on the town justice system and the Blake property that is in violation of the zoning ordinance regarding u nlicensed motor vehicles which would be a criminal action . He s suggested that the best way to proceed would be to ask in local court that the charges be dismissed against Franklin Blake t / 17 T139 - 28 -9O page 3 ® without prejudice and ask the boards permission to proceed with civil action as opposed to criminal action . Atty Perkins - there is a problem with our zoning ordinance in that it states that each separate day shall constitute itute a separate ✓ iolation and Town Law does not give any such authority . Town Law states that each weeks violations shall constitute a separate and d istinct violation . Also the town ordinance has a rnaxirnurn fine of $ 100 . 00 and Town Law authorizes a maximum fine of $ 350 . 00 for e ach violation . He would recommend that the town zoning ordinance should be amended to conform to the authority that is in Town L aw . S upv Sch '.' g - authorized Atty Perkins to update our town zoning o rdinance to conform with town law . RESOLUTION # 232 ZONING, VIOLATION FRANKLIN BLAKE Clm Walbridge offered the following resolution and asked for its adoption : RESOLVED , that this Town Board authorize Atty Perkins to droop the criminal charges against Franklin Blake and execute a civil injunction . E nd Clrn Hatfield Roll call vote - all voting Yes NEW BUSINESS Meeting on Oct 4th for Mark Stevens at 7 : i OPM B udget work session scheduled Oct 11th at 12 noon . Ad .j ourned 8 : 45PM e •v feC ,ALCO-Lefle.A..„Susanne Lloyd Town Clerk