HomeMy WebLinkAbout1995-04-11•
TOWN BOARD MEETING
APRIL 11, 1995
PUBLIC HEARING - LOCAL LAW #1
Supv Schug called the public hearing to order at 7:30PM
Supv Schug
read
the
notice
that
was published in the newspaper
concerning
Local
Law
#1 (copy
town
in minute book)
QUESTIONS AND /OR COMMENTS - NONE
Closed public hearing: 8:OOPM
TOWN BOARD MEETING
APRIL 11, 1995
Supv Schug called the meeting to order at 7:30PM
Members and guests participated in silent meditation followed by
the Pledge of Allegiance
• Roll call was by Town Clerk Lloyd:
Present: Supv Schug, Clm Baker, Clm T. Hatfield, Clm
Hatfield, Clm Roberts, Atty Perkins and Z.O. Slater
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Approval of the minutes:
Motion
was
made
by
Clm Roberts and
2nd by Clm
Baker that
minutes
of
the
town
board meeting
on 2 -7 -95 be
approved.
COUNTY BRIEFING
C.
the
Carried
Ken Thompson - I am here in regards as to the same reason last
time regarding some minutes of a board meeting last October where
it was reported that I allegedly made some remarks regarding
leachate collection tanks at the Caswell Road landfill. I am back
here tonight to unequivocally and categorically deny that in
having ever made any such remarks. I would request that the board
add an amendment at the very least to those October meetings
reflecting that I am here this evening and did deny those so that
there would be something with those minutes so that anyone
picking the minutes up would see that as well. I don't know if
that is possible under Roberts Rules or whatever, but I would
like to make the request. Simply from the standpoint these
minutes from the October meeting are a separate entity and people
reading those minutes may never know and read the minutes from
this meeting and have an erroneous picture.
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NOTICE OF PUBLIC HEARING
ON PROPOSED LOCAL LAW NO, 1 OF THE YEAR 1995
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 April 11, 1995, at 7:30 o'clock P.M.,
prevailing time, to hear all interested persons for or against a
proposed local law providing a procedure for the withdrawal of
retained percentages from contract payment amounts withheld to
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certain contractors under public works contracts upon the deposit
of certain obligations in lieu of such retained amounts. The
complete text of the proposed local law is available from the Town
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Clerk 65 East Main St. Dryden, New York 13053,
Town Board of the Town of Dryden
by
Susanne L
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TB4 -11 -95 Page 2
Supv Schug - it would be possible to put an asterisk in those
minutes.
Atty Perkins - the official function of keeping the minutes is
that of the town clerk and if she sees fit to do that she can do
that.
Town Clerk Lloyd - agreed to make the notation in the October
1994 minutes.
Ken Thompson - I would also like to make it reflect that was
hearsay information and not based on fact. Thank you again for
listening to me.
Co. Rep. Lane - at the last county board meeting was discussed
the Biggs building. There has been a space study done by a
committee over the last year as to what the needs of the social
services department are as far as space and whether or not it
makes sense to renovate either minimum (about 2 million dollars)
or extensively (about 6 1/2 million dollars). The study found the
more valuable option in the long run based on 25 year cost
projection would be to construct a new building, which would have
more useful space. The board was unanimous in voting not to
consider renovation of the existing Biggs building. They are
going to proceed to study the concept of building a new building
either at the hospital campus or downtown or at some other
•location. There seems to be a lot of support from the city to
have the building in the downtown area. They have indicated they
would be willing to participate in parking.
Clm Baker - when the city said they will be willing to
participate will they back that up with some documentation with
the description of their willingness to participate.
Co. Rep. Lane - I feel they will since they have passed a
resolution indicating they will. Personally, I would like to see
a contract as part of whatever is final before I would be
convinced it should be downtown. The county would also have the
option of building their own parking spaces and not building or
taking part in a public parking ramp.
Co. Rep.
Evans -
thought
the county should have a contract with
the city
before
they go
to construction since they have had
trouble
with the
city in
the past.
Supv Schug - has a request of Co. Rep. Lane and Co. Rep. Evans.
There is a project the town is working on were plans were pretty
well set and found out back in Sept. or Oct. the county passed a
law regarding burying a house once it is torn down. The county
law is where everything must be taken down to the center. Would
it be possible, even though I get an agenda, to get a copy of
•whatever is going to a vote, so the town will know what laws you
are passing prior to and how it will affect us as a town.
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TB4 -11 -95
Page 3
Co. Rep. Lane - I will see what I can do because sometimes they
is do not get the laws as speedily as they would like to have them.
Co. Rep. Evans - they are required to have them 7 days on their
desk before they are to act on them and a lot of times they do
not have them.
Supv Schug - it would be nice to receive copies ahead of time so
Atty Perkins could read the law over to see how it would affect
the town so that we could give you input.
Co.
Rep. Evans -
this is in the ordinance as
to how you deal
with
solid waste
and I thought you still had a
legal right to
bury
a building.
The discussion of Biggs A if
the property is
sold
or the people
move out of it is just that,
bury it. I am
surprised
you can
not bury a building now.
thing
Supv Schug - even for a single family house, up until the county
passed the law you could bury the building on your property. The
law now says that you can't do that.
Ken Thompson - I
don't
know
the
fine points since it has been
sometime since I
have
read
the
law and
compared it with the 360
regulations. The
only
purpose
you
can
put that many uses for is
clean fill. The only
thing
that
can be
used from clean fill is
asphalt products,
concrete,
and
glass
or those kind of things.
Painted wood can not be used as clean fill. So it has to be some
place that requires the fill. You just can't simply push it to
the back side of the lot. It has to be a fill area, which is kind
of tricky.
Co. Rep. Evans - the wood has to be removed, is that state
regulations.
Ken Thompson - yes, he believes it is state regulations.
Z.O. Slater - no, it has exempted 1 or 2 family homes and
agricultural buildings.
Supv Schug -
there was someone
who had
a barn that
was falling
down and he
checked with
wanted to get rid
DEC and it could
of it. I
be buried
checked with
on site.
Henry who
Co. Rep. Evans - you can bury it by DEC regulations but not
county regulations.
Co. Rep. Lane - there have been problems with burying. If you
remember a few summers ago, a boy was killed in New Jersey. There
had been construction demolition which had been buried on a site
near an apartment complex. The ground gave way from rotting wood
underneath and the child fell down in a hole and suffocated. So
there have been problems with that, it is not cut and dry, out of
sight out of mind.
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TB4 -11 -95 Page 4
Ken Thompson - that is correct, you simply can't bury the
is demolition on site to get rid of it. It has to be clean fill.
Co. Rep. Lane - we will see what we can do about getting copies
of the laws before they are acted on.
Supv Schug - if we hadn't checked the town would have been blind
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n the face with the county law and we don't want to do that, we
want to cooperate and be law abiding citizens.
Co. Rep. Evans - several weeks ago the solid waste committee,
myself and Ken Thompson and some people from soil conservation
looked over Caswell Road landfill issue of being able to putting
any lagoons or wetlands in that area as a permanent solution for
leachate. We hope the soil conservation department will design a
wetlands over that area for us.
Atty Perkins - is that a county course of action that you have
selected.
Co. Rep. Evans -
to be solved by
there
the end
is a published
of this year.
schedule calling for that
That is predicated on the
assumption that
things
have changed in
Albany and DEC will make a
decision in less
than a
year.
Atty Perkins - the other options have been ruled out then.
Co. Rep. Evans - the current options they are looking at is a
lagoon or a wetland designed to correct the leachate. It doesn't
strike me as being practical to run a line through to Freeville.
They don't even know if Freeville would be willing to accept it
under those circumstances as to what it would cost. The other
alternative which is also expensive is increasing the number of
tanks you still have to take off. The only thing that is more
expensive is building a sewage treatment plant right on site.
Assuming they can get the proper permits they will have a
permanent solution.
Supv Schug - that is a lot better than trying to pump it and
spending good money after bad.
Co. Rep. Evans - it is not possible to pump it and take it all
away under certain conditions at certain times of the year. It is
physically impossible to do that, so that clearly isn't a
solution under any circumstances. My understanding is they run
almost 24 hours a day and they can't keep ahead of it.
Atty Perkins - how is a man made wetland or lagoon going to
handle that.
Co. Rep. Evans - it should be designed to handle that and know
•what liquids are coming out. If it is built big enough and we
have 50 acres to build it on, it shouldn't be a problem.
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Supv Schug - Ken are you pumping now all during the year or are
. you going in and pumping the tanks and checking it.
Ken Thompson - yes, there maybe a few times during the dry season
of the year where they might not be there for 4 or 5 days, but
they go in there even then a couple of times a week. It is being
logged daily, either someone from the county goes up to check the
tank or the hauler themselves stops in.
Clm C. Hatfield - wanted to know the status on cat licensing.
Co.
Rep. Evans -
my committee meets Thursday and
hopefully the
SPCA
will request
that it be withdrawn. If it isn't
it will go to
the
direction because the youth
county
board
there
will only
be about
4 votes
in favor.
Clm Roberts - wanted to know how Mike and Charlie felt about it.
Co. Rep. Lane - is opposed to it.
Co. Rep. Evans - was also opposed since it only appears to be a
mechanism to raise money. I do not feel where it has a public
health benefit.
CITIZENS PRIVILEGE OF THE FLOOR
•Steve Kirsch - Dryden Youth Commission - since the start of this
year they will have full membership on the commission. They have
set some goals with subcommittees. They are looking at increasing
and evaluation of existing programs and trying to identify youth
needs. They are looking at existing school based surveys,
community surveys, also original by laws which established the
commission. They are also trying to reach out to the students
that attend Ithaca schools. They are looking at evenings and
weekends for programs for youth who are at risk. Funding
increased slightly for them this year. Last year they returned a
good deal of funds due to some changes in the Dryden Youth Pride
staff. The personnel budget was under spent, but also some
programs that took place in the past, such as the Camp Fire. Some
of the programs they ran didn't exist this year and the money
went unspent. I did not see that as a lack of need. They hope to
have some new programs coming out.
Supv
Schug - the board would like
to thank
the Youth Commission
for
all of the hard work they are
doing in
helping to give the
town
direction because the youth
are very
important.
Erica Evans - wanted the town board to know how pleased the
majority of the people on Turkey Hill Road are with the people
who are putting in the water and sewer. They are most careful and
most considerate.
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TB4 -11 -95
Page 6
COUNCILMAN PRIVILEGE OF THE FLOOR
Audit of 1994 books - Clm C. Hatfield has done the Town Clerk and
Zoning Officer's books. The Justice Dept still has to be done.
Clm Baker will do the Justice Dept. Supv. Schug would like this
done before the next board meeting.
ATTORNEY
Atty Perkins - Howser vs Lok & Lim - no change
Atty Perkins - Cortland Paving update - Z.O. Slater will comment
on that later.
Atty Perkins - drafted an amendment to an existing local law to
expand the protection within the town, both under town law and
general municipal law with respect to defects in creeks, bridges,
highways or culverts to include sidewalks. Board members have not
received a copy of the draft.
Atty Perkins - there is a local law 1977 which partially
addressed that subject. The intention of this is to expand the
protection to keep it consistent.
Supv Schug - this will lower our liability. There is a provision
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n the law where Don has to be notified in writinv if there a
•problem with the highway. The reason for the provision of
sidewalks is some day a developer might put sidewalks in his
development.
Atty Perkins - zoning amendments for bed & breakfast. A memo went
out to the board members and is up to what the board members want
to do.
Supv Schug - wanted to know
forward with the change in
breakfast. No action taken
next board meeting.
Supv Schug - the Recreation
year program in the amount
if
the board
members
wanted to move
the
zoning ordinance
for
a bed &
at
this time
and will
be discussed at
Partnership
review -
this is the 2
of
85,500.00
each year
for recreation.
Atty Perkins - felt that since this is a pilot project and the
town is partly through the first year of the 2 year pilot project
that the town might want to consider authorizing the supervisor
to sign the agreement in its present form if satisfactory letters
of understanding can be exchanged between the proposed partners
setting forth 1- the understanding of issues that were raised in
my letter and 2- making clear that this is not to be construed as
a joint recreation commission.
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RESOLUTION N0. 125 (1995)
Councilman Roberts offered the following resolution and
asked for its adoption.
WHEREAS, the intermunicipal
Cayuga Lake Intermunicipal Water
provision that all connections to
transmission main may be master me
and
agreement forming the Southern
Commission (SCLIWC) includes the
individual municipalities to the
tered at the Commission's option;
WHEREAS, the SCLIWC has determined that master metering of
connections to the transmission main be implemented; and
WHEREAS, the SCLIWC has budgeted a portion of the cost of the
master metering, and has recommended that the member municipalities
agree to fund a portion of such work in cooperation with SCLIWC;
now, therefore, be it
RESOLVED, the Town Board of the Town of Dryden will consider
funding its portion of the master metering project benefitting the
Town after engineering plans, specifications and cost estimates
have been completed and provided to the Town Board for review.
Seconded Councilman C. Hatfield
Roll call vote - all voting Yes
Date:
Tom
From
Sub.
April 10th, 1995
James Schug, Dryden Town Supervisor
Henry M. Slater, Zoning & Building Code Enforcement Off.
65 East Main Street, Dryden, NY 13053
March 195 Building & Zoning Activity Report
Dear Jim:
Building Permits.
Building activity continues in a stalled mode. During
the month of March 1995, 9 Building Permits were issued
and are listed as follows.
A -1
Single
Family
home;
new
starts
(0)
A -1
Renovation,
our
Expansions
Two were chimney
& Repairs
(4)
fires which
C -4.1
Erect
a Private
Home
Garage Structure
(3)
at all
C -4.1
Extend
Etna
Fire
Station
to continued.
Truck bay area
(1)
The
A -2
Repair
Fire
Damaged
Two
an illegal
Family Home
(1)
fire which
Certificates of Occupancy and Compliance.
Certificate of Occupancy (2)
Certificate of Compliance (1)
Conditional Certificate of Occupancy (1)
Public Inspections, Fire Safety
Multiple Residence Facilities (2)
Business Facilities (a)
Home Day Care Facilities (0)
Fire Investigations for the Month of March (3)
There were
a total
of (3)
fire
calls
requiring
our
analysis.
Two were chimney
fires which
resulted
in NO
damage
at all
and
use was permitted
to continued.
The
third
was
for
an illegal
fire which
was
reported by
an airline
pilot
on
final
approach.
The
burn was in
direct
violation
of
the
terms
of
the demolition
permit which
was issued
by this
office.
Varna
Station who
responded,
recognized
the
obvious
compromise
of
DEC and Tompkins
County Solid
Waste
regulations
and
took
the
appropriate
steps
to involve
the
necessary
jurisdictions.
At
this time,
the
DEC charge
is
pending
in Dryden
Town
Court
and
the Tompkins
County
Solid
Waste
Department
has
not
yet
completed their
investigation.
Both the Planning Board and ZBA met to conduct short review
of pending approvals.
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March 195 Activity Report
Page Two
We have used this extra time to continue public fire safety
inspections, determine Zoning violations and process the
several Special Permits for new business ventures within the
Town.
On a positive note, we have
Reviews this month, (4) and
as (2) requests being prepa
ventures that offer service
short supply. Apparently,
to be a good climate within
Very truly yours,
25'r, 0 0*a-
Henry M. Slater
had several Speci
I have (3) more p
red. All are smal
s for our communit
small business own
which to locate.
cc: All Dryden Town Board Members
�sanne Lloyd, Dryden Town Clerk
Mahlon R. Perkins, Dryden Town Attorney
al Permit
ending as well
1 business
y that are in
ers feel Dryden
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TB4 -11 -95 Page 7
RESOLUTION
#124
AUTHORIZE
SUPV
TO SIGN
AGREEMENT
WITH
CITY
OF ITHACA
YOUTH
COMMISSION
Clm T. Hatfield offered the following resolution and asked for
its adoption:
RESOLVED, that this Town Board authorize the Supervisor to enter
into an agreement with the City of Ithaca Youth Commission as
long as the letters of agreement of understanding exchanged are
satisfactory to Supv. Schug and Atty Perkins.
2nd Clm Baker Roll call vote - all voting Yes
RESOLUTION #125 SCLIWC RESOLUTION OF SUPPORT
Clm Roberts offered the following resolution and asked for its
adoption: (copy in minute book)
2nd Clm C. Hatfield Roll call vote - all voting Yes
Atty Perkins - RMS Gravel - has not heard back from them at this
time regarding their agreement to pay the engineering and legal
fees in connection with that project.
ENGINEERING
Dave Putnam - Turkey Hill water and sewer should be finished by
July 1st.
ZONING OFFICER
Monthly report - given to board members
Schedule Site Plan Review public hearing - April 25th - 7:OOPM
Heritage Hair Salon
Schedule Special Permit public hearing - April 25th - 7 :15PM
Glass Slipper
Clm Roberts - wanted the long EAF SE9R form filled out for the
Glass Slipper application.
Z.O. Slater - unsafe structures - gave the property owners (on
Cortland Road) until May 15th with a plan to be completed by
September 1st to respond to his last request to either handle it
themselves. If there is nothing received at that time, which has
been well over a year, he is going to ask the board to consider
the town taking care of the problem. There is the new problem of
Local Law #2 1994 of Tompkins County which requires the material
hauled to the landfill. There is another parcel in Varna that is
owned by the Heffron's which he is trying to work out a schedule.
Z.O. Slater - reported on the problem
and the problem will be solved if the
parking signs on North Road. John is
property from Mr. Little for parking
with Dedrick's Fruit Stand
county will install no
going to try and lease some
space.
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B4 -11 -95
HIGHWAY SUPERINTENDENT
Yellow Barn Road - on hold
Caswell Road - on hold
Hile School Road - on hold
Chipping Day - May 20th at Johnson Road site
RESOLUTION #126 AUTHORIZE HIGHWAY SUPERINTENDENT
TO ATTEND HIGHWAY SEMINAR
Clm C. Hatfield offered the following resolution and asked for
its adoption:
RESOLVED, that this Town Board authorize Hwy Supt Gilbert to
attend highway seminar at Ithaca College on June 6th and June 7th
and to pay his expenses.
2nd Clm Roberts Roll call vote - all voting Yes
RESOLUTION #127 AUTHORIZE TO SELL AT AUCTION
1974 BROCKWAY TRUCK
Clm C. Hatfield offered the following resolution and asked for
its adoption:
RESOLVED, that this Town Board authorize Hwy Supt Gilbert to sell
at auction one 1974 Brockway truck.
2nd Clm Baker Roll call vote - all voting Yes
CORRESPONDENCE
Dryden Lake Police report
Notice from NYSDOT they will be repaving Route 13 from Route 38
to the Cortland County line.
Approval from the NYS to
lower the
speed
limit (40
mph)
on Mill
Street from the Freeville
village
limits
to West
Dryden
Road.
RESOLUTION #128 REAPPOINT GILBERT LEVINE
TO ECONOMIC OPPORTUNITY CORPORATION BOARD
Clm Roberts offered the following resolution and asked for its
adoption:
RESOLVED, that this Town Board reappoint Gilbert
Economic Opportunity Corporation Board.
2nd Clm Baker Roll call vote - all voting
JUSTICE REPORT - 89,847.00 for the month of March
FINANCIAL REPORT - available to board members
Levine to the
Yes
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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.
•
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9VOWX
of D d111.111,00 04
............................................................. ..Town .............................
Local Law No. ...... 1 ....... . ...................... I..,.......... of the year 19 95....
A local law ..Providing for the withdrawal of retained percentages from amounts withheld
...... ............................................. ... ............. . ............................ I ............. .................
as payments to certain contractors upon the deposit of certain obligations
in lieu of such retained amounts
Be it enacted by the Town Board
.......................................................................................... .............................of the
(Name of Legislative Body)
ca "ba
MX of .......Drxden
Town
..... as follows:
(If additional space is needed, attach pages the same size as this sheet, and number each.)
(1)
DOS-239 (Rev. 7/90)
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1. Purpose. General Municipal Law Section 106 allows
contractors with the Town of Dryden to substitute certain
obligations, defined in such section, for amounts due contractors
under public works contracts with the Town. General Municipal Law
Section 106 -a permits the imposition of a service charge by the
Town for receiving, handling and disbursing funds and coupons
pursuant to General Municipal Law Section 106. The purpose of this
local law is to establish a procedure for the safekeeping of
obligations deposited with the Town and to establish a service
charge for such safekeeping and the receiving, handling and
disbursing funds and coupons due under such obligations.
2. Definitions. For the purposes of this local law the
following terms shall have the meaning herein provided:
(A) Contract shall mean a written contract between the Town
and a contractor for the performance of a public works
contract.
(B) Obligations shall mean those obligations defined in
General Municipal Law Section 106.
(C) Retained Percentage shall mean the amounts held by the
Town from a contractor pursuant to the provisions of a
contract for public works and General Municipal Law
Section 106 -b.
(D) Supervisor shall mean the Town Supervisor of the Town of
Dryden, New York. The Supervisor is the fiscal officer
of the Town.
• (E) Town shall mean the Town of Dryden, Tompkins County, New
York.
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3. Procedure.
(A) When, pursuant to General Municipal Law Section 106, a
contractor desires to substitute obligations for retained
percentages the contractor shall notify the Town in writing of the
exact nature of the obligations proposed to be tendered to the
Town.
(B) The supervisor shall then determine if such obligations
are of a type, amount and character which can be substituted for
retained percentages. The Supervisor shall also determine the
market value of the obligations proposed to be tendered to the town
by inquiry to a stock or bond brokerage firm which maintains a seat
of the New York Stock Exchange and which firm has a place for the
transaction of business in Tompkins County, New York.
(C) The project engineer shall, from time to time as
requested by the Town Supervisor, certify to the Supervisor the
amount of the retained percentages due the contractor under the
contract.
(D) When the Supervisor has determined that the obligations
proposed to be tendered are of a type, amount and character which
can be substituted for retained percentages the contractor shall be
so notified by the Supervisor. The Supervisor shall also notify
the contractor of the market value of such obligations.
(E) A contractor desiring to substitute obligations for
retained percentages shall cause such obligations to be personally
delivered to the Town Hall, 65 East Main Street, Dryden, New York
• and upon such delivery a receipt shall be given. Such obligation
shall be transferred to the Town or accompanied by an assignment in
blank. Upon receipt of such obligations transferred to the Town as
herein provided the Supervisor shall, subject to the provisions of
this local law and the provisions of General Municipal Law.Sections
106 and 106 -a pay over to the contractor the amount of the retained
percentage less the initial service charge provided for in section
5.
(F) The Supervisor shall collect and pay over to the
contractor the interest and income on the obligations according to
the requirements of General Municipal Law Section 106. In the
event no such interest and income is received, or if insufficient
interest and income are received, to cover the annual service
charge, then the Supervisor shall collect such service charge from
the contractor prior to re- delivering the obligations to the
40 contractor according to the terms of the contract between the Town
and the contractor.
(G) The Supervisor shall, from time to time, monitor the
market value of the obligations. In the event the market value of
such obligations shall decrease to an amount below the amount of
retained percentage to which the Town is entitled, the Supervisor
shall so notify the contractor who must then deposit cash or
additional obligations with the Town to equal the amount of
retained percentage to which the Town is then entitled. No
interest or income collected by the Supervisor shall be paid over
to any contractor who has not maintained obligations of a
sufficient value to equal the amount of the retained percentage to
which the Town is entitled. Upon compliance by the contractor with
the requirements of this subsection the Supervisor shall pay over
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to any such contractor interest and income collected by the
Supervisor and held by him pending compliance by the contractor
with this subsection.
(H) In the event the market value of such obligations shall
increase, the contractor may substitute obligations of lesser
denominations to equal the amount of the retained percentage to
which the Town is then entitled. The service charge for such
substitution is set forth in section 5.
4. Safekeeping. The Supervisor shall rent a safe deposit
box in the name of the Town from a local bank or trust company and
shall store all such obligations, coupons and assignments in blank
in such safe deposit box.
5. Service charge. There is hereby imposed and the
Supervisor shall collect as herein provided, a service charge to be
paid by the contractor as follows:
(A) For the initial deposit of obligations with the
Supervisor - $70.00;
(B) Annually, beginning one (1) year from the date of the
first deposit of such obligations - $70.00;
(C) For the substitution of obligations other than those
initially deposited with the Supervisor (pursuant to
Section 3(H) above] - $35.00•
(D) For the deposit of additional obligations pursuant to
Section 3(G) above - no charge.
60 Effective date. This local law shall take effect
immediately upon filing as provided by law.
n
(Complete the certification in the paragraph that applies to the filing of this local law and
strike out that which is not applicable.)
1. (Final adoption by local legislative body only.)
1
I hereby certify that the local law annexed hereto, desi ated as local law No. 1 of 1995
of the (` YtY6)WC a?�(Town)eVi �) of was duly passed by the
Town Board on April 11, 19 in accordance with the applicable provisions of law,
ame of egialattve Boy
(Passage by local legislative body with approval, no disapproval or repassage after disapproval
y, y the Elective Chief Executive Officer'.)
I here
of the
tify that the local law annexed hereto, designated as local law No.
ty)(City)(Town)(Village) of
disapproval) by the
in accordance with the a
on 19_, and was (approved)(not disap
met r.xecuuve tuncer')
icable provisions of law.
was
and was deemed duly adoptgdon
�_ of 19
ly passed by the
)(repassed after
19 ^, !
3. (Final adoption by referendum.)
I hereby certify that the local law annexe ereto, designated local law No. of 19
of the (County)(City)(Town)(Village) of was duly passed by the
• on I9 and was ( approved)(not disapproved)(repassed after
Name of Legislative Body
disapproval) by the n 19 Such local law was
Elective Chief Executive Officer
submitted to the people by reason of a (man tory)(permissi referendum, and received the affirmative
vote of a majority of the qualified elector voting thereon at th general)(special)(annual) election held on
19_, in accordance th the applicable provisio of taw.
4. (Subject to permissive erendum and final adoption because no valid pets ' n was filed requesting
referndum.)
I hereby certify tha he local law annexed hereto, designated as local law No. of 19
of the (County)( ty)(Town)(Village) of w duly passed by the
on 19 and was ( approved)(not disapprov (repassed after
Name of Legi five Body
disappr al) by the on 19 Such local law las subject to
Elective Chief Executive Officer
P issive referendum and no valid petition requesting such referendum was filed as of
n accordance with the applicable provisions of law.
'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
laws or ordinances.
(2)
l
(Complete the certification in the paragraph that applies to the filing of this local law and
strike out that which is not applicable.)
1. (Final adoption by local legislative body only.)
1
I hereby certify that the local law annexed hereto, desi ated as local law No. 1 of 1995
of the (` YtY6)WC a?�(Town)eVi �) of was duly passed by the
Town Board on April 11, 19 in accordance with the applicable provisions of law,
ame of egialattve Boy
(Passage by local legislative body with approval, no disapproval or repassage after disapproval
y, y the Elective Chief Executive Officer'.)
I here
of the
tify that the local law annexed hereto, designated as local law No.
ty)(City)(Town)(Village) of
disapproval) by the
in accordance with the a
on 19_, and was (approved)(not disap
met r.xecuuve tuncer')
icable provisions of law.
was
and was deemed duly adoptgdon
�_ of 19
ly passed by the
)(repassed after
19 ^, !
3. (Final adoption by referendum.)
I hereby certify that the local law annexe ereto, designated local law No. of 19
of the (County)(City)(Town)(Village) of was duly passed by the
• on I9 and was ( approved)(not disapproved)(repassed after
Name of Legislative Body
disapproval) by the n 19 Such local law was
Elective Chief Executive Officer
submitted to the people by reason of a (man tory)(permissi referendum, and received the affirmative
vote of a majority of the qualified elector voting thereon at th general)(special)(annual) election held on
19_, in accordance th the applicable provisio of taw.
4. (Subject to permissive erendum and final adoption because no valid pets ' n was filed requesting
referndum.)
I hereby certify tha he local law annexed hereto, designated as local law No. of 19
of the (County)( ty)(Town)(Village) of w duly passed by the
on 19 and was ( approved)(not disapprov (repassed after
Name of Legi five Body
disappr al) by the on 19 Such local law las subject to
Elective Chief Executive Officer
P issive referendum and no valid petition requesting such referendum was filed as of
n accordance with the applicable provisions of law.
'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
laws or ordinances.
(2)
City local law concerning Charter revision proposed by petition.)
I herebytodify that the local law annexed hereto, designated as local law No. / of 19_
• of the City of having been submitted to f6rendum pursuant to
the provisions of sec 36)(37) of the Municipal Home Rule Law, and having re ed the affirmative vote
of a majority of the quali i lectors of such city voting thereon at the (spe (general) election held on
19 , became o tive.
is
6. (County local law concerning adoption of Cha�er.)
I hereby certify that the local
of the County of
the electors at the General E
section 33 of the Muni H
qualified electors the cities
of said cou considered as a
Jaw anne ereto
ion of November
Dme Rule Law, and
of said county as a
unit voting at said
designated as 21ia law No. of 19
State o ew York, having been submitted to
19_, pursu to subdivisions 5 and 7 of
having received the affirmative vo f a majority of the
unit and of a majority of the qualified a ors of the towns
general election, became operative.
any other authorized form of final adoption has been followed, please provide an appropritate certifica
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 I , above.
(Seal)
Date: _April 12, 1995
(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 hereto.
ure
Town Attorney
Title
Town of
W x
Dryden
Date: April 12, 1995
(3)
P
0
......A, ....gf �.
or
officer
designated
by
local
legilsa
Date: _April 12, 1995
(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 hereto.
ure
Town Attorney
Title
Town of
W x
Dryden
Date: April 12, 1995
(3)
P
0
NOTICE OF PUBLIC HEARING
• ON PROPOSED LOCAL LAW NO. 1 OF THE YEAR 1995
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 April 11, 1995, at 7:30 o'clock P.M.,
prevailing time, to hear all interested persons for or against a
proposed local law providing a procedure for the withdrawal of
retained percentages from contract payment amounts withheld to
certain contractors under public works contracts upon the deposit
of certain obligations in lieu of such retained amounts. The
complete text of the proposed local law is available from the Town
Clerk 65 East Main St. Dryden, New York 13053.
0 Town Board of the Town of Dryden
by
Sus
0
RESOLUTION NO. 131 1995)
• Councilman John Baker offered the following resolution and
asked for its adoption.
WHEREAS, the Town Board of the Town of Dryden commenced an
Article 78 proceeding in New York State Supreme Court, Tompkins
County for review of the decision of the Town of Dryden Zoning
Board of Appeals in the matter of the application of Patricia
Schlecht for a variance of the requirements of the Town of Dryden
Zoning Ordinance, and
WHEREAS, the Zoning Board of Appeals was represented by
counsel at all steps in the legal proceedings including at the time
of the ZBA decision to re -hear the application, at the re- hearing,
in connection with the preparation and service of an answer to the
petition of the Town Board seeking review of the ZBA decision, in
briefing the matter before the Supreme Court and at oral argument
of the matter before the Honorable Walter Relihan, Justice of the
Supreme Court, and
WHEREAS, Patricia Schlecht was represented by counsel in
connection with the preparation and service of an answer to the
petition of the Town Board seeking review of the ZBA decision, in
briefing the matter before the Supreme Court and at oral argument
of the matter before the Honorable Walter Relihan, Justice of the
Supreme Court, and
WHEREAS, the Supreme Court has rendered its decision in
writing annulling the prior determination of the Zoning Board of
Appeals which granted the relief requested by Patricia Schlecht and
said decision sets forth its reasons for such annulment of the
prior determination of the ZBA, and
WHEREAS, the Zoning Board of Appeals has filed a Notice of
Appeal and an amended Notice of Appeal indicating its intention to
appeal the decision of the Supreme Court to the Appellate Division
of Supreme Court in Albany, and
WHEREAS, Patricia Schlecht has filed a Notice of Appeal
I
ndicating her intention to appeal the decision of the Supreme
Court to the Appellate Division of Supreme Court in Albany, and
WHEREAS, the real aggrieved party in interest, Patricia
Schlecht, can adequately present the issues, if any, requiring
review by the Appellate Division of Supreme Court which decision
will be binding upon the Town Board and the ZBA if the decision of
the Supreme Court is not upheld by the Appellate Division of
Supreme Court,
NOW, THEREFORE, BE IT
• RESOLVED, that the Town Board will not approve any further
expenditure of Town funds in connection with the appeal by the ZBA
to the Appellate Division of Supreme Court in this matter.
Seconded Councilman Thomas Hatfield.
Roll call vote - all voting Yes
I
3
C
n
U
•
TB4 -11 -95 Page 9
RESOLUTION #129 APPROVE ABSTRACT #104
Clm C. Hatfield offered the following resolution and asked for
its adoption:
RESOLVED, that this Town Board approve abstract #140 voucher #237
to #321B for a total of $276,444.73
2nd Clm T. Hatfield Roll call vote - all voting Yes
Jean Ryan - reported there has been a smooth transition with the
Dryden Village Court to the Dryden Town Court. It has been
discussed previously and looked into at one time, but with the
increasing load of traffic court is the need of a public
telephone. She would like the Town Board to see if a public
telephone could be installed outside of the town hall, because
now the people have to walk to the center of town to use the
phone. She is concerned about the general public when people who
are dropped off for court and told to come back in one hour and
they are only here for 5 minutes. Now they want to use the phone
to call back so the can be picked up. Now they have to walk to
the center of town in the dark with no sidewalks or street
lights. If it will not cost the town anything it would be a nice
service for the public.
Supv Schug - very good suggestion and the town board will look
into the matter.
RESOLUTION #130 ADOPT LOCAL LAW #1 - 1995
Clm T. Hatfield offered the following resolution and asked for
its adoption: (copy in minute book)
2nd Clm Baker Roll call vote - all voting Yes
Town Board recessed for executive session to discuss zoning board
litigation. 9:10PM
Town Board reconvened at 10 :15PM and the following action was
taken.
RESOLUTION #131 EXPENDITURE OF TOWN FUNDS IN
CONNECTION WITH APPEAL BY THE ZBA TO THE APPELLATE
DIVISION OF SUPREME COURT
Clm Baker offered the following resolution and asked for its
adoption: (copy in minute book)
2nd Clm T. Hatfield Roll call vote - all voting Yes
NEW BUSINESS
April 25th - public hearing and site plan review hearing
Adjourned:10:3OPM
Susanne Lloyd
Dryden Town Clerk
76
0
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