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HomeMy WebLinkAbout1994-08-23• TOWN BOARD MEET "ING AUGUST ;:u, 1994 PUBLIC HEARING LOCAL LAW #1 - 1994 Supv Schug called the meeting to order at 7anOOPM Members and quests participated in the Pledge of Allegiance Roll call was by Town Clerk L 1 oyd Present e Supv Schug, Clm Baker, Clm T. Hatfield, Clm C. Hatfield, Clm Roberts, Atty Perkins and Z.O. Slater Supv Schug read the notice that was published in the newspaper concerning Local Law #1 - 1994 (copy in minute book) QUESTIONS AND /OR COMMENTS - none Closed public hearing 7a.05PM Atty Perkins - reported the town had received a request from Gina Kolb to grant her permission to establish a burial ground at 91 Ed Hill Rd for her 5 year old son. (copy in minute book), Atty Perkins - the town could enter into an agreement where the owners of the property acknowledge this would be a private burial ground and under no circumstances would they ever request the town, and the town would never be responsible for the care, maintenance, fencing, etc. The town could record this agreement and make a notation � �n the deed. Atty Perkins - is satisfied as to the owners of the property, There should be no permission for any other burials on this property without first coming to the town board. If they are establishing a private burial ground for their family under these circumstances they would have come back to the board in each case. One of the owners lives i n Colorado. If the board is willing to do this by agreement and to protect the town is have the people deposit with the town $2,500,00 unt i 1 the agreement is received and f1_1ly executed, notarized and recorded at their expense. RESOLUTION _ #173 GRANT REQUEST FOR SPECIAL BURIAL PLOT AT `�1 ,ED MILL ROAD - y_I'OLB Clm T. Hatfield offered the following resol its adopt ione RESOLVED, that this Town Board grant the re bury her 5 year old son at 91 Ed Hill Road. authorized to sign the necessary agreer�ier�t, to be met with the Cemetery Ordinance, and made to the town for all legal fees, filing E Vld C 1 m Baker Roll call vote - a 1 1 v� ,t Ut ion and quest of Supv Sch All reqU a $,2, 5 (_l (_1. fees, et ing Yes asked for Gina Kolb to ug is irements are 00 deposit be c. G� I i I I NOTICE OF PUBLIC HEARING 0 ON PROPOSED LOCAL LAW NO. 1 OF THE YEAR 1994 LEGAL NOTICE IS HEREBY GIVEN that the Town Board of the Town of Dryden will hold a public hearing at the Town Hall, 65 East Main Street, Dryden, New York, on August 23, 1994, at 7:00 o'clock P.M. prevailing time, to hear all interested persons for or against a proposed Local Law which would amend Local Law No. 1 of the year 1989 which is entitled "A Local Law Regulating Septage and Sludge Disposal in the Town of Dryden ". The proposed amendments would delete the requirement that septage originating in the Town of Dryden be disposed of only at the Ithaca Area Wastewater Treatment Plant. The complete text of the proposed amendment to the Local Law is available from the Town Clerk 65 East Main St. Dryden, New York 13053. Town Board of the Town of Dryden by Sus 91 Ed Hill Freeville, August 17, Rd. NY 13068 1994 Town of Dryden Board Dryden, NY Dear Board Members, Receive,) AUG 19 1994 DRYDEN TOWN SUPERVISOR It is with profound sadness and grief that we make the request that the town of Dryden permit us to establish a burial site on our land for the body of my five year old son, Taylor Kolb, who was killed in a tragic head on collision with a stone truck on August 12, 1994. His life was taken instantly, as was that of his grandfather. We were visiting his grandfather, Warren Rhodes, in Boulder Colorado. Somehow I survived the crash and am facing these massive losses and grief. Though there is no good solution to where you decide to bury your son, I want his grave to be a part of my everyday life, as his life was. I do not want to bury him in a remote location or have only infrequent visitation. No relatives are buried nearby and r do not have religious affiliation. I want his remains to exist on our property with the changing seasons and the wildf lowers . As you can imagine the process of accepting Taylor's death is overwhelming. Until yesterday I was not aware that there were Town •restrictions on burials on private lands, though Y knew the Health Department had requirements about distances from water sources. While I respect the intent of the town to limit the establishment of private cemeteries and burial grounds and your responsibilities should a place fall into disrepair, I must request your compassion in granting permission to establish a site on our land for Taylor to rest. We are more than willing to address the Town's concerns about the perpetual care and maintenance of the grounds of this burial site through the establishment of an endowment account which would provide the Town of Dryden with sufficient funds from interest to maintain the site should it ever be necessary. After discussing this with the town attorney we propose to deposit roughly $2500 in an account producing interest in the order of $100 /year. We would permit that interest to become part of the principal until the principal reached $4000, which would mean the account would produce more yearly interest to accommodate inflation. Once the $4000 principal is reached we propose that the interest be given to us or our beneficiaries unless the town was drawing on that interest for maintenance. This proposal is negotiable and are willing to work out details with Mahlon Perkins and our attorney. In regards to the town's second concern about "clouds to the title of lands" we are aware of and willing to deal with the • potential ramifications of this decision for us and our heirs. our V ntentions are to remain on our property for the future and we will make appropriate provisions for our heirs% • We request that the town grant us permission to establish a burial ground at 91 Ed Hall Rd, Freeville NY in accordance with regulations of the town. Ile request that the town permit Taylor's burial to take place as soon as possible after the meeting of August 23, 19944 As we have stated above we are willing to comply with provisions for recordkeeping and maintenance but would not like the workings out of these to delay the burial and grieving processe we trust that the Board will recognize the pain of this request ,and loss, our willingness to provide the town with assurances of our responsibility for this burial site, and act with compassion in granting this request. sincerely, lalr Gina Kolb, mother of Taylor Kolb l • Anne Rhodes, daughter of warren Rhodes • 4 9 U 0 MAHLON R. PERKINS MEMO TO: FROM MAHLON R. PERKINS. h C. ATTORNEYS AND COUNSELLORS AT LAW ?0 NEST MAIN STREET PO. BOX n7 �n A C` DRYDEN, NEW YORK 13053 q/s August 18, 1994 /wi 0i TELEPHO ( 607) 8 4 Supervisor Schug /sOP Town Board Members i Mahlon R, Perkins, Town Attorney, re: Establishment of Private Cemetery 91 Ed Hill Road Enclosed is a copy of the letter from Gina Kolb requesting permission,to bury her five year old son Taylor on property at 91 Ed Hill Road. Also enclosed is a copy of the Town of Dryden Cemetery Ordinance. The major cemetery in the Town of Dryden is Willow Glen. That cemetery sells single grave spaces for $360. Half of that amount goes into a perpetual care fund, the interest which is used for care of the cemetery, and the other half of the money goes into the general operating fund for the cemetery. It appears that the proposal for the deposit is sufficient and that if for any reason the Town is called upon to perform maintenance under Town Law Section 291 there would be adequate funds available. On the other hand, I believe it may be possible to draft an agreement between the Town and the owner of the property that this one burial could be allowed with the understanding that a cemetery was not being established and that there would be no more burials without complying with the terms of the ordinance. The agreement would provide an express written understanding that it remain a private cemetery thereby exempting the Town from any expense in the future. In any event, if the Town goes along with the p there will need to be an agreement between the owner ofothe property and the Town. Issues which the Town may want to address are fencing, a permanent marker and a map locating accurately the grave site. If any of you have any questions, kindly contact me. v a \ 0 LL E CL _! � � 8 I i 9 ( • NEW YORK STATE DEPARTMENT OF STATE Local 'Law Filing 162 WASHINGTON AVENUE, ALBANY, NY 12231 (Use this form to file a local law with the Secretary of State.) Text of law should be given as amended. Do not include matter being eliminated and do not use italics or underlining to indicate new matter. Box Dryden Town Yges; Local Law No, ................... .....................1......... of the year 19 9..... A local law ..amending Local Law No. 1 of the year 1989 . .................................................... ...........0................... (Insert Title) Be it enacted by the .......... T...own . .. Board. . . ... ............................... ........................................ .............................of the ............. (Name of Legislative Body) t�g#y b�t�ac Dryden Townof ................................................................................................................... ............................... as follows: killagez (If additional space is needed, attach pages the same size as this sheet, and number each.) (1) DOS -239 (Rev. 7/90) G I 9 I w • • 1. Local Law No. 1 of the year 1989 entitled "A Local Law Regulating Septage and Sludge Disposal in the Town of Dryden" is hereby amended as follows: (a) Subsections 3, 4 and 5 of Section 1 (Legislative findings and purpose) are hereby repealed. (b) A new subsection 3 of Section 1 is hereby enacted to read as follows: 3. That the disposal of septage or sludge in the Town could result in serious health problems for the Town residents and environmental damage to property and land within the Town; (c) Subsections 6 and 7 of Section 1 are hereby renumbered to be subsections 4 and 5 respectively. (d) Subsection C of Section 3 (Prohibited Acts) is hereby repealed. (e) Subsection D of Section 3 is hereby relettered as Subsection C. (f) Section 9 (When effective) is hereby repealed. 2. This local law shall become effective upon filing as required by law. I I (Complete the certification in the paragraph that applies to the filing of this local law and strike out that which is not applicable.) ]. (Final adoption by local legislative body only.) • hereby certify that the local law annexed hereto, designated as local law No. I of 1994 of the (C " "WY)(3Ci"(Town)(VHKPgi) of Dryden was duly passed b the Town Board on August 19 in accordance with the applicable y Name of Legislative Body PP prOV1S1017S Of 1a�v. U 2. 'assage by local legislative body with approval, no disapproval or repassage after disapproval by he Elective Chief Executive Officer`.) I hereby cart of the (Coun ify that the local law annexed hereto, designated as local law No. t (C ity)(Town)(Village) of was d on 19 and was (a d d' ame of Legislative disapproval) by the t...o ,ra .,n'ei c.xecuave kjnicer-) in accordance with the ap icable provisions of law. 3. (Final adoption by referendum.) I hereby certify that the local law annex of the (County)(City)(Town)(Village) of on Name of Legislative Body disapproval) by the pprove )(not sapprove and was deemed duly adopted hereto, designated as 19 —, and of 19_ passed by the )(repassed after 19 , �Ylaw No. of 19 was duly passed by the (approved)(not disapproved)(repassed after 19_ Such local law was submitted to (lie people by reason of a (mandatory)( rm" sive) referendum, and received the affirmative vote of a majority of the qualified electors voting ereon a the (general)(special)(annual) election held on 19_, in accordance with the plicable piov' ions of law. 4. (Subject to permissive referendu referndum.) nd final adoption because no vali> petition was filed requesting I hereby certify that the locaVa annexed hereto, designated as local law No. of the (County)(City)(Town lla ge) of ame of Legislative disapproval) by the on 19 —, and was (approved)(not d tive Officer on of 19 was duly passed by the proved)(repassed after 19_. Such permissive ref endum and no valid petition requesting such referendum was filed as of in accordan with the applicable provisions of law. I law was subject to 19 , 'Elective Chief Executive Officer means or includes the chief executive officer of a county elected on a county -wide basis or, if there be none, the chairman of the county legislative body, the mayor of a city or village, or the supervisor of a town where such officer is vested with the power to approve or veto local • ..zws or ordinances. (2) I (City local law concerning Charter revision proposed by petition.) hereby u tify that the local law annexed hereto, designated as local law No. f of 1 o the Clty o having been submitted to referendun rsuant to the provisions of sec ' (36 )(37) of the Municipal Home Rule Law, and having received tlI Irmative vote of a majority of the quali I electors of such city voting thereon at the (special)(ge1 election held on 19 became o tive. • (County local law concerning adoption of er.) 1 hereby certify that the local law a ed hereto, designated as loc w No. of 19 of the County of State o w 7Ylork, having been submitted to the electors at the G al Election of November 19 pursusubdivisions 5 and 7 of section 33 of lunicipal Home Rule Law, and having received the affirmatte a majority of the qualif e ectors of the cities of said county as a unit and of a majority of the quafied ele s of the towns said county considered as a unit voting at said general election, became operative. (If any other authorized form of final adoption has been followed, please provide an appropritate certification I further certify that I have compared the preceding local law with the original on file in this office and that the same is a correct transcript therefrom and of the whole of such original local law, and was finally adopted in the manner indicated in paragraph 1 , above. (Seel) Date: August 24, 1994 (Certification to be executed by County Attorney, Corporation Counsel, Town Attorney, Village Attorney or other authorized Attorney of locality.) STATE OF NEW YORK COUNTY OF Tompkins I, the undersigned, hereby certify that the foregoing local law contains the correct text and that all proper proceedings have been had or taken for the enactment of the local law annexed harstn_ 0 ignaLure Mahlon R. Fe Town of Dryden Atto a .. (3ky of Town • S•' Dryden 1,1 Date: August 24, 1994 (3) t'sq. E I I r� U • 10 RESOLUTION 113 Negotiated Work Plan Support WHEREAS, the staffs of the Town and the S.C.L.I.W.C. have developed a summary of services provided to the Town by S.C.L.I.W.C., documented as the August 5, 1994 Negotiated Work Plan from S.C.L.I.W.C.; and WHEREAS, the August 5, 1994 Negotiated S.C.L.I.W.C. services are provided at Town and Which S.C.L.I.W.C. services and, Work Plan specifies which no additional cost to the are billed to the Town; WHEREAS, the August 5, 1994 Negotiated Work Plan additionally specifies other improvement, replacement, operation and maintenance responsibilities of the Town; and, WHEREAS, the August 5, 1994 Negotiated Work Plan shall not be legally binding on either the Town or S.C.L.I.W.C., and, WHEREAS, periodic changes to the Negotiated Work Plan will occur, some immediately implemented, an annual confirmation of support for similar letter of understanding will be requested; and, WHEREAS, it is believed to be in the best interest of the Town to formally support the August 5, 1994 Negotiated Work Plan NOW THEREFORE, BE IT RESOLVED by the Town Board that the Town of Dryden formally support the August 5, 1994 Negotiated Work Plan from S.C.L.I.W.C. Adopted this c7)3A c day of 1994, at a Special Meeting of the Town Board by a unanimous ote. APPROVED. ATTEST. i TB8 -23 -94 Page B Atty Perkins - reported on S. Lucente /sewer, permits - the • original order which established Dryden Sewer Dist. #1 - he has reviewed the map in the file, tax neap, information, agreement and correspondence with the Village of Cayuga Heights. It is his opinion that there will be no area served by the sewer unless it is totally within the boundaries of the sewer district. There would have to be negotiation with the Village of Cayuga Heights. Mr. Lucente' s proposal is where part of the l ot is out � �f the district. Supv Schug_ - board members have copy of letter he sent to the state regarding Buck Engineering and lead paint removal on West Dryden Community Center. l• mowing Since the town owns the building and we can't the grant historic fix the money buildirig. foundation back and and Put board up a roof the on we alight building have to since it is turn a Supv Schug - wanted to thank the highway crew for all the cooperation that was given after the tornado went through the village. • Supv Schug - regarding Johnson the reason for the town to take limits would be so the weight 1 ton weight limit on the road an Deputy Hwy Supt Park. - Johnson approaches to the bridge are al Road and the Village of Freeville over the read within the village imit could be lifted. There is a 5 d no weight limit on the bridge. Road has been resurfaced and the 1 in good shape. Supv Schug - reported that the village board is holding a public hearing to remove the weight limit on Johnson Rd. He would like some � �f the board members to attend the meeting. Atty Perkins - will draft an agreement and send it to the highway department and board members for review. Supv Schug - board members received copy of Town of Danby's resolution regarding opposition to county handling of the Sheriff's budget. No action taken. RESOLUTION #175 NEGOTIATED WORK PLAN Clm T. Hatfield offered the following resolution and asked for its adoptiona (copy in minute book) 2nd Clm Roberts Roll call vote - all voting Yes a i 0 RESOLUTION #174 ADOPT LOCAL LAW #1 - 1994 Clm Baker offered the following l• mowing resol ut ion and asked for its adoptions (copy in minute book) `nd Clm C. Hatfield Roll call vote - all voting `des Supv Schug - wanted to thank the highway crew for all the cooperation that was given after the tornado went through the village. • Supv Schug - regarding Johnson the reason for the town to take limits would be so the weight 1 ton weight limit on the road an Deputy Hwy Supt Park. - Johnson approaches to the bridge are al Road and the Village of Freeville over the read within the village imit could be lifted. There is a 5 d no weight limit on the bridge. Road has been resurfaced and the 1 in good shape. Supv Schug - reported that the village board is holding a public hearing to remove the weight limit on Johnson Rd. He would like some � �f the board members to attend the meeting. Atty Perkins - will draft an agreement and send it to the highway department and board members for review. Supv Schug - board members received copy of Town of Danby's resolution regarding opposition to county handling of the Sheriff's budget. No action taken. RESOLUTION #175 NEGOTIATED WORK PLAN Clm T. Hatfield offered the following resolution and asked for its adoptiona (copy in minute book) 2nd Clm Roberts Roll call vote - all voting Yes a i 0 TBB -23 -94 Rage 3 Z.O. Slater, - reported there is an unauthorized auto � repair shop • on Route 38 and he refuses to apply for the special permit. He has ignored all of his correspondence to comply. Henry said he has been aware of this since May and has tried to make him comply. He sent him a letter stating that if he didn't hear from him by August 23rd he was going to ask. the board to approve an order of enjoinment, and he has not heard from him, • RESOLUTION #17E_ AUTHORIZE _AN INJUNCTION TO ENJOIN BRIAN LANE. tC CHARLOTTE M{ORGAN - - PARCEL #237 -1 ^0. Clm Baker offered the following resolution and asked for its adoption= - Cooperative Extension letter to have They have is the county m oney from Perkins Town Board to New Future Foundation. He wanted - Turkey know RESOLVED, that this sUppOrt ing their Town Board aUt hor i ze At t y Perkins to � prepare an injunction to enjoin against Brian Lane and Charlotte Morgan (parcel #23-1-25.9) from continuing inuing t� � have an Unauthorized auto body repair shop until he has applied for and received a special permit. 2nd Clm Clm Roberts Atty - Cooperative Extension letter to have They have is the county m oney from Perkins Town Board to New Future Foundation. He wanted - Turkey know Hill only sUppOrt ing their efforts. one left to receive. Roll call vote - all voting Yes water /sewer r -o--w easement - he has Supv Schug support by Rural Alliance. - Cooperative Extension letter to have They have is the county m oney from asking the board fund the the Kellogg Town Board to New Future Foundation. He wanted to know how the board felt in sUppOrt ing their efforts. Clm Roberts - wanted to know what they would be using the m oney for before he made any decision. Supv Schug - said he would find letter with the boards decision. Adjourned= 8 e 00PM Susanne Lloyd Town Clerk out more information and write a 9� I I