HomeMy WebLinkAbout1996-09-0319q
TOWN BOARD MEETING
• SEPTEMBER 3, 1996
PUBLIC HEARING - Varna Fire Station
Supv Schug called the meeting to order at 7:30PM
Supv Schug - the town was asked to hold the public hearing so
everyone would have a chance to have some input to mitigate any
problems that might be forth coming regarding the new fire house.
Alan Berger - Chief of the Varna Fire Co. - would like the town
board to pass a resolution if they deem it appropriate authorizing
the supervisor to write a letter stating a public meeting was held
to talk about the neighbor concerns. The purpose of th1S meeting
and letter is to satisfy some financing concerns. The banks want
us to have a public meeting to give us a better rate for the loan.
Alan Berger - went over the plans with board members and guests.
They designed the entrances to the building so they don't impact
the people across the street. They are trying to leave some trees
to block visibility from the road and deaden the noise. They have
been planning this move for 10 years. Our existing fire station
has gotten too small and they need to expand for additional
facilities that are needed.
Alan Berger - they had considered a satellite station 4 or 5 years
ago at that point it time they thought that would solve their
problems. Our district extends from Route 13 to Snyder Hill. They
looked for property for the satellite station and had a difficult
time to find reasonably priced property. The other concerns were
that their existing station really needed some upgrading. The
ability for them to locate at one location will help them since
they won't have to worry about coordinating their response from 2
locations and worry about membership problems in terms of
associating with one station more than another. The station on
Turkey Hill puts them up the hill so it will improve their
response time to the Ellis Hollow area.
Rupert Hall, 11 Turkey Hill Rd. - wanted to know the procedure
they followed of purchasing the land and then having the hearing.
Why didn't you have the meeting first. I thought that was supposed
to be residential land.
Alan Berger - when we purchased the land we were told it was zoned
commercial. I was told that the zoning does not affect our uses.
As far as the procedure, we felt a little bit of time pressure to
do it this way. When we purchased the property it wasn't listed in
the multiple listing. We were told by the people who showed us the
land that the timely manner in which we were able to address that
and keep the price down. This meeting is also an after thought to
have it with this type of notice. It is required by the IRS in
order for the mortgage agency to give us the rate we are getting.
• That is part of the procedure, but this meeting really isn't
required. Consequently, we didn't give it as much thought as we
should have in terms of how to best pull together.
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NOTICE OF PUBLIC HEARING
PLEASE TARE NOTICE, that a public hearing will be conducted by
the Town Supervisor for the Town of Dryden, at the Dryden Town
Hall, 65 East Main Street, Dryden, New York, on September 3, 1996
at 7 : 30 . p.. m. in relation to the proposed borrowing by the Varna
Volunteer Fire Company, Inc. (the "Volunteer Fire Company") OP to
finance the construction by the Volunteer Fire Company of a new
fire station at or near 10 Turkey Hill Road, Town of Dryden, New
York, and.the proposed issuance by the Volunteer Fire Company of an
obligation to a local lending institution.
The obligation is in the maximum principal amount of
$300,000.00. The fire station is to be used by the Volunteer Fire
Company for the provision of fire protection service to the Town of
Dryden fire protection district pursuant to a contract between the
Town of Dryden and said Volunteer Fire Company executed on December
7, 1995.
The public hearing and the subsequent approval by the
Supervisor of the Town of Dryden of.the borrowing and issuance of
the obligation are prerequisites to exemption from income taxation
of the interest payable .under the terms of such obligation,
pursuant to Section 103 and related sections of, and'regulations
under, the Internal Revenue Code. The Town of Dryden will not be
responsible for the payment of either principal or interest on the
obligation.
Persons attending the public hearing will be given the
opportunity to make brief oral statements in connection with the
proposed financing and written comments may be submitted to the
Town Supervisor at or prior to the public hearing.
Dated: August 22, 3.996
TB9 -3 -96 Page 2
• Clint Cotterill - this is an RB Zone and the allowed uses are
educational buildings, churches, community buildings and other
semipublic structures, which the fire department would be an
allowed use.
Supv Schug - I have talked with the fire company for quite some
time over the last 8 or 9 years and talked about a satellite
station. The fire department went out and bought the property and
I told them they had better get out and talk to the neighbors so
they know what you are doing and how you are doing it so you will
have some input. That is important no matter what you are doing
with all of the neighbors so they understand what is happening and
how it might impact them.
Rupert Hall - it isn't the fact they are building the fire house
there, it is the fact they are building the fire house without
telling anyone what they are going to do. We are taxpayers and we
would like to know what is going on in our neighborhood. It seems
like procedures should be followed so the neighbors know what is
going on. I have no problem with them building the fire house, it
is just the way it has been approached.
Erica Evans - I agree with Rupert Hall wholeheartedly that the
whole approach was inexcusable, which doesn't mean we don't
. appreciate the fire department. Before you do anything else and
change it into a community center or something else I hope you
will consult the neighbors. We request any changes from the fire
department per say be discussed with all of the neighbors before
it is done.
Rupert Hall - if you are going to build a fire house or something
like that there is no requirement.
Atty Perkins - the town does not actually have anything to do with
the fire district other than we have a contract with them. It is
an allowed use in that area so we don't have any control over it.
We don't have any control over their fund raising, where they have
their building. They are a private entity. They are not any part
of the town so we don't have any jurisdiction over their internal
affairs or decision making. This is true with all of the fire
companies in the town because the town only contracts with them to
provide fire protection.
Dawn Potter - was concerned about the intersection of Route 366
and Turkey Hill Road. I think that is dangerous and wonder if
there will be a stop sign or a stop light.
Alan Berger - there already is a stop sign on Turkey Hill Road.
There are no plans for a stop sign or stop light on Route 366 at
this point. Turkey Hill Road is a county road and Route 366 is a
• state road. We will probably ask for signs to be installed on the
road similar to the ones we already have. We are also considering
flashing caution lights on Dryden Road that would only trigger
when we received an alarm.
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TB9 -3 -96 Page 3
Alan Berger - before we purchased the property the safety of that
intersection was discussed. We want to try and get some kind of a
safety device down the hill warning motorist there is a fire
station ahead. I took some measurements and there doesn't seem to
be much difference in visibility in the present location than
there is at the proposed location. That isn't to say it is
adequate.
Rupert Hall - also agreed it was a dangerous intersection.
Marge Pough - suggested a blinker red light down the hill and when
there is a fire call it is activated.
Bob & Eva Ames - were concerned about the intersection since there
is a dip in the road and hope this will be looked at very
carefully.
Supv Schug - hoped that if they were going on to the road they
would have their fire police there until such time something was
installed.
Howard Evans -
there is
a problem
there in the winter time
because
ice forms at that
intersection.
If
something is going to be
done
there the State
should
be told ahead
of time. The mouth of
that
road should be
widened
and fix the
drainage problem so that
ice
does not form.
Right now
the snow
plow has loosened the grill
on
the
drain.
Alan Berger - we will be looking at those issues closely and will
take everything into consideration.
Erica Evans - wanted to know how this was going to be financed.
Alan Berger - they have a fair amount of savings which they have
accumulated through planning for this. They have postponed several
capitol improvements for the existing station so this has been set
aside in their savings. This is how we purchased the land. On the
order of 30/40 percent of the building will come out of savings.
The remainder of the building will be financed through a local
lending agency. We contract with the town for fire protection and
in our budget we anticipate to meet the monthly mortgage payments
from that contract. Our expenses will be going down due to a
variety of reasons. We are replacing some of our fire equipment
and we have saved to replace this about 10 years ago. In order to
save the money to replace a truck in 10 years we have had to save
more money in 10 years than if we could amortize that savings in
25 years which is the life of a fire truck. As soon as we replace
those pieces of equipment we will be able to save less for that
truck and put the difference toward the mortgage payment. I don't
anticipate requesting a higher amount from the town for the
contract.
Erica Evans - was wondering if you are going to have large fund
raisers at the new fire station.
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TB9 -3 -96 Page 4
Duane Testut - they budgeted the entire station from their yearly
allocation. They plan on doing a mailing and asking the residents
for money, but do not plan on any chicken barbecues or any type of
sales.
Jeff Potter - wanted to know what the use of the existing fire
station was going to be.
Alan Berger - they do not have any firm plans. We have been
approached about renting or purchasing. The fire company is not
going to do anything until they have contacted the association. A
lot depends on what the Varna Community Association plans are.
Duane Testut - we have tried to keep the association updated on
all of the fire companies activities. We plan on looking into the
best disposition of our building either renting or selling. The
ultimate decision will probably rest on what the Varna Association
has planned. They do not plan on doing anything that would not be
compatible with the association.
TOWN BOARD MEETING
SEPTEMBER 3, 1996
Supv Schug called the meeting to order at 8:20PM
Members and guests participated in a moment of silent meditation
followed by the Pledge of Allegiance.
Roll call was by Town Clerk Lloyd:
Present: Supv Schug, Clp Grantham, Clp T. Hatfield, Clp C.
Hatfield, Clp Roberts, Atty Perkins and Z.O. Slater
APPROVAL OF THE MINUTES
Motion was made by Clp Roberts and 2nd by Clp T. Hatfield that the
minutes of town board meeting 4 -9 -96 and 4 -23 -96 be approved.
Carried
CITIZEN PRIVILEGE OF THE FLOOR
G Katzs - MAK Industries - regarding outside storage request,
landscaping and screening. Board members have copy of his
landscaping plan.
Supv Schug - Gus does
thousand dollars for a
is requesting 8 or 10
lawn.
not feel he
should have
to
pay 8
or 9
professional
landscaper
to
do the
job. He
foot pine trees
to do the
job
and
have a
jd
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TB9 -3 -96 Page 5
• Gus - when we first applied for the permit it was just for
storage. Our business has grown and we need more space for our
equipment. Went over plan with board members. There will be a
space for offices and would like to make it look very
professional. Right now we are still putting in the sewer line. We
are not sure what is going to happen with the water, whether it
will be a well or public water.
Ralph Varn - would like the town board to consider a resolution
releasing the $13,110.00 for sewer improvements which I have
completed. The map has been delivered to Z.O. Slater which shows
the improvements revised 9 -2 -96.
Supv Schug - wanted to know if Dave Putnam had adequate time to
review the revised plans.
Dave Putnam - yes I did.
Supv Schug - wanted to know if Hwy Supt Gilbert had time to check
the road and make sure everything was all right as far as the
sewer goes.
Hwy Supt Gilbert - fine, it still has to be stone and oiled.
Atty Perkins - we have money set aside for that.
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Dave Putnam - Larry Fabroni still has to give certification of
construction to the health department. The water mains are not
down yet, so it is the horse before the cart. John Anderson is
still lacking the engineers certification of the construction of
the work for the 6 or 7 houses that were added to the water
district.
Supv Schug - wanted to know if Ralph had sent the town a copy of
the agreement with the Town of Ithaca. It would be nice to have to
make sure everything is all right.
Ralph Varn - thought there was some documentation and would make
sure the board received it.
Supv Schug - saw no problem with releasing the money as long as
all of the outstanding bills have been paid to the town.
RESOLUTION #188 RELEASE MONEY TO RALPH VARN
Clp T. Hatfield offered the following resolution and asked for its
adoption:
RESOLVED, that this Town Board authorize the release of money to
Ralph Varn in the amount of $13,110.00 with the understanding that
it will be released on the condition that all outstanding
• obligations of the developer to the town be paid.
2nd Clp C. Hatfield Roll call vote - all voting Yes
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TB9 -3 -96
Supv Schug
had to do
together.
- last
was the
I asked
that as soon as we
time to accomplish
fall.
month I asked you
and you said
all
Larry Fabroni
drawings
for Snyder
Hill Road
and
put
them
everybody
in our
group, Henry,
Don
and
David
have the
proper
information from
you
do we have
the work
that is
necessary on
Snyder
Hill this
Ralph V
Varn - I have talked with L
Larry on M
Monday and a
asked him if
he had c
completed those drawings a
and was t
told that he h
had not
would
1 d
d h
will
call
again
tomorrow to
make
comp ete t em yet.
for an extension and
come to an agreement
I told him
we want to
on how the
time was running out and
go ahead with the work.
road is coming and that
you asked
We need to
is the
drawings Larry is
proposing.
He
did promise me
he
would
have them
done this week. I
will
call
again
tomorrow to
make
sure.
Supv Schug - if Dave approves the drawings then he can contact Don
so he can make the arrangements to have the work done since we
have the money.
COUNCILMAN PRIVILEGE OF THE FLOOR
Supv Schug - appointed Clp C. Hatfield and Clp Grantham to audit
the town books from January to June of 1996.
ATTORNEY
Atty Perkins - Cortland Paving - ( Ottenshot) - I have discussed
this with Dave Putnam and it seems he is filling the area so
therefore he does not need a permit. Dave pointed out even though
he is filling the area he could remove the material since he is
not leveling the last several truck loads and there is some
material at the back of the lot. I would like to keep pursuing Mr.
Ottenshot even though he may set up his defense. We can pursue him
on the fact if he is not going to be operating a material storage
yard there, then he would have no objection to be enjoined from
doing that.
Board members felt this matter should be pursued against Mr.
Ottenshot.
Atty Perkins - RMS Gravel - I have been working with Dave Putnam
on that and we have the specifications. I have a draft that will
be sent to the board for their review and comments and then to Mr.
Reeves.
Atty Perkins - Westcott - received a call from Mr. Wescotts
attorney and I told him the boards requirements for the dedication
of the road. They were going to be working on getting the required
information to us and as of yet I have not received anything.
• Supv Schug - SJS agreement revision - board members have copies to
review.
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0169180.01
20127 -322P
At a regular meeting of the Town Board of the Town of Dryden,
Tompkins County, New York, held at the Town Hall, 65 East Main
Street, in Dryden, New York, in said Town, on September 3, 1996, at
7:30 o'clock P .M., Prevailing Time
The meeting was called to order by Supervisor James F. Schuh and upon
roll being called, the following were
PRESENT: James F. Schug, Supervisor
Ronald Roberts, Councilperson
Charles Hatfield, Councilperson
Deborah Grantham, Councilperson
Thomas Hatfield, Councilperson
ABSENT: NONE
Councilperson Thomas Hatfield
The following resolution was offered by jEb=ejjmm=
ounce erson ,
who moved its adoption, seconded by &0 Grantham to -wit:
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RESOLUTION DATED SEPTEMBER 3, 19960
A RESOLUTION APPROPRIATING $41,000 OF THE
TOWN OF DRYDEN, TOMPKINS COUNTY, NEW YORK, TO
PAY THE COST OF PREPARING A MAP, PLAN AND
REPORT IN CONNECTION WITH THE PROPOSED
ESTABLISHMENT OF A NEW WATER DISTRICT IN SAID
TOWN IN AN AREA OF SAID TOWN NOT INCLUDED
WITHIN THE BOUNDARIES OF ANY EXISTING WATER
DISTRICT OR INCORPORATED VILLAGE.
WHEREAS, Section 209 -b of the Town Law authorizes any Town to
adopt a resolution, subject to permissive referendum, appropriating
a specific amount of monies to pay the cost of preparing a map,
plan and report in connection with the establishment of a proposed
improvement district not included within the boundaries of any
existing water district or incorporated village; and
• WHEREAS, it has been proposed to establish a new water
district in said Town; and
WHEREAS, it is now desired to appropriate monies of said Town
to pay the cost of the preparation of a map, plan and report for
said proposed new water district, in accordance with the provisions
of Section 209 -b of the Town Law; NOW, THEREFORE, BE IT
RESOLVED, by the Town Board of the Town of Dryden, Tompkins
County, New York, as follows:
Section 1. There is hereby appropriated the sum of $41,000 of
the Town of Dryden, Tompkins County, New York, to pay the cost of
preparing a map, plan and report in connection with the
establishment of a proposed water district within said Town not
• included within the boundaries of any existing improvement district
or incorporated village.
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Section 2. In the event that such water district shall be
established by whatever name known, pursuant to the P rovisions of
Article 12 -A of the Town Law, the expenses incurred by the Town of
Dryden, Tompkins County, New York, for the preparation of such map,
plan and report shall be deemed to be a part of the cost of the
establishment of such water district and the monies appropriated
hereby shall be reimbursed to said Town by said water district.
Section 3. This resolution is adopted subject to permissive
referendum in accordance with Section 209 -b and Article 7 of the
Town Law.
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• The question of the adoption of the foregoing resolution was
duly put to a vote on roll call which resulted as follows:
James F. Schug VOTING Aye
Ronald Roberts VOTING Aye
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Charles Hatfield VOTING Aye
Deborah Grantham VOTING Aye
Thomas Hatfield VOTING Aye
VOTING
VOTING
The resolution was thereupon declared duly adopted.
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STATE OF NEW YORK
COUNTY OF TOMPKINS
)
ss:
I, the undersigned Clerk of the Town of Dryden, Tompkins
County, New York, DO HEREBY CERTIFY:
That I have compared the annexed extract of the minutes of the
meeting of the Town Board of said Town, including the resolution
contained therein, held on September 3, 1996, with the original
thereof on file in my office, and that the same is a true and
correct transcript therefrom and of the whole of said original so
far as the same relates to the subject matters therein referred to.
I FURTHER CERTIFY that all members of said Board had due
notice of said meeting.
I FURTHER CERTIFY that, pursuant to Section 103 of the Public
Officers Law (Open Meetings Law), said meeting was open to the
general public.
I FURTHER CERTIFY that, PRIOR to the time of said meeting, I
duly caused a public notice of the time and place of said meeting
to be given to the following newspapers and /or other news media as
follows:
Newspaper and /or other news media
The Ithaca Journal
Date given
August 19, 1996
9
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0169180.01
I FURTHER CERTIFY that PRIOR to the time of said meeting, I
I
duly caused public notice of the time and place of said meeting to
be conspicuously posted in the following designated public
location(s) on the following dates:
i
Designated Location(s)
of posted notice Date of Postincr
Town Signboard August 19, 1996
Vestibule - Town Hall
65 East Main Street
Dryden, New York 13053
IN WITNESS WHEREOF, I have hereunto set my hand and affixed
the seal of said Town on September 9 19960
-2-
sp
Councilman _
and asked for its
RESOLUTION NO.
T. Hatfield
adoption.
191 (1996)
offered the following resolution
WHEREAS, the Town Board has received and considered a report
from Henry M. Slater, the Code Enforcement Officer, with respect to
the barn on the premises at 164 Harford Road (Town of Dryden Tax
Map Parcel #47 -1- 25.4), and
WHEREAS, Local Law No. 2 of the 1981 provides for a procedure
to compel the repair or removal of unsafe buildings and collapsed
structures, and
WHEREAS, prior attempts to encourage and require the repair or
removal of said unsafe and collapsed structure at said address
have been unsuccessful;
NOW, THEREFORE, BE IT RESOLVED BY THE TOWN BOARD AS FOLLOWS:
i. The Town Board finds that the barn at 164 Harford Road
(Town of Dryden Tax Map Parcel #47 -1 -25.4) is unsafe and dangerous
due to its collapsed condition; and
2. Said barn shall be demolished and removed.
BE IT FURTHER RESOLVED AND IT IS ORDERED THAT: That a notice
pursuant to Section 6 of such local law shall be served upon Koen
09 Loeven and Patrice Loeven as provided in Section 7 thereof, said
notice to be in substantially the following form:
1. The barn which is the subject of this notice is located
at 164 Harford Road in the Town of Dryden, County of Tompkins,
State of New York, Town of Dryden Tax Map Parcel #47 -1 -25.4.
2. The barn at said address is unsafe or dangerous in that
it has collapsed and is in danger of further collapse and is unfit
for any lawful purpose.
3. Said barn is to be demolished or removed in accordance
with all applicable provisions of such local law or other local
laws and ordinances of the Town of Dryden and the County of
Tompkins and the provisions of the New York State Uniform Fire
Prevention and Building Code,
4. Such demolition and removal of the barn shall commence
within 30 days after service of this notice upon Koen 0. Loeven and
Patrice Loeven and shall be completed within 60 days thereafter
unless for good cause shown such time shall be extended.
5. The Town Board of the Town of Dryden will hold a hearing
in relation to such dangerous and unsafe structure on October 8,
1996 at the Town Hall, 65 East Main Street, Dryden, New York 13053
at 7:30 p.m. prevailing time to hear all persons including Koen 0.
Loeven and Patrice Loeven regarding the order of the Town Board
requiring the demolition and removal of such structure.
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• 6. In the event of the neglect or refusal of said Koen o.
Loeven and Patrice Loeven to comply with this order of the Town
Board to demolish and remove said structure, the Town Board is
authorized to provide for such demolition and removal and to assess
all expenses thereof against the land on which it is located and to
institute a special proceeding to collect the costs of demolition
including legal expenses.
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Seconded Councilperson Grantham
Roll call vote - all voting Yes
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TOWN OF DRYDEN • DRYDEN, NEW YOR 4
65 EAST MAIN STREET, DRYDEN, NEW YORK 13053
607- 844 -9120 In the Heart of the Finger Lakes Region
ZONING & BUILDING CODE ENFORCEMENT
TO: KOEN O. LOEVEN
PATRICE LOEVEN
193 Washington Road
Woodbury, Connecticut 06798
FROM: HENRY M. SLATER, CODE ENFORCEMENT OFFICER
Town of Dryden
65 East Main Street
Dryden, NY 13053
RE: 164 Harford Road
Dryden, New York
Town of Dryden Tax Map
PLEASE TAKE NOTICE OF THE FOLLOWI
PURSUANT TO TOWN OF DRYDEN LOCAL
AND WHICH IS PART OF THE ORDER OF
Parcel 47 -1 -25.4
NG WHICH IS SERVED UPON YOU
LAW NO. 2 OF THE YEAR 1981
THE TOWN BOARD:
le The barn which is the subject of this notice is located
• at 164 Harford Road in the Town of Dryden, County of Tompkins,
State of New York, Town of Dryden Tax Map Parcel #47 -1 -25.4.
2. The barn at said address is unsafe or dangerous in that
it has collapsed and is in danger of further collapse and is unfit
for any lawful purpose.
3e Said barn is to be demolished or removed in accordance
with all applicable provisions of such local law or other local
laws and ordinances of the Town of Dryden and the County of
Tompkins and the provisions of the New York State Uniform Fire
Prevention and Building Code.
4. Such demolition and removal of the structure shall
commence within 30 days after service of this notice upon you and
shall be completed within 60 days thereafter unless for good cause
shown such time shall be extended.
5e The Town Board of the Town of Dryden will hold a hearing
in relation to such dangerous and unsafe building and structure on
October 8, 1996 at the Town Hall, 65 East Main Street, Dryden, New
York 13053 at 7:30 p.m. prevailing time to hear all persons
including you regarding the order of the Town Board requiring the
demolition and removal of such structure.
40
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6. In
the event of your
this order of the Town Board to
or structure, the
demolition and
the land on
proceeding to
expenses.
Town
removal
which it
collect
neglect or refusal to comply with
demolish and remove said building
Board is authorized to provide for such
and to assess all expenses thereof against
is located and to institute a special
the costs of demolition including legal
Dated: September 5, 1996
Henry M. Slater,
Code Enforcement Officer
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AFFIDAVIT OF SERVICE
I. JEREMY W. BUSWELL being duly sworn, deposes and says
that he served a copy of the Notice pursuant to Town of Dryden
Local Law No. 2 of the Year 1981 upon the following named
individual at the following place and time, viz:
NAME STREET, CITY & STATE TIME /DATE
Patrice Loeven 193 WASHINGTON ROAD
WOODBURY, CT, 9 -14 -96
AT 4:00 pm
by delivering to and leaving with her, personally, a true copy
thereof, and deponent further says that he knew the person so
served to be the individual described in said instrument and that
at the time of making such service, deponent was over eighteen
years of age and not a party to this action.
That he asked defendant whether she was in the military service of
the United States Government, in any capacity whatever and
defendant replied she was not. Defendant was clad in ordinary
civilian clothes and wore no uniform of any kind.
Deponent further states that he describes the person actually
served as follows:
Skin Hair Approx. Approx, Approx,
Sex Color Color Age Height Weight
FEMALE WHITE BLACK 38 5' 2�1' 120
Sworn to before me this 17th
day of September, 1996,
Notary
S_ Y"
Public
tk : :611
J M;? W. BUSWELL
DEPUTY SHERIFF
LITCHFIELD COUNTY
STATE OF CONNECTICUT
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I, JEREMY W. BUSWELL
that he served a
Local Law No. 2
individual at the
�r
Koen O. Loeven
AFFIDAVIT OF SERVICE
being
copy of the Notice
of the Year 198
following place and
duly sworn, deposes and says
pursuant to Town of Dryden
1 upon the following named
time, viz.
STREET, CITY & STATE
193 WASHINGTON ROAD
WOODBURY, CT,
TIME /DATE
9 -14 -96
4:OOPM
by delivering to and leaving with him, personally, a true copy
thereof, and deponent further says that he knew the person so
served to be the individual described in said instrument and that
at the time of making such service, deponent was over eighteen
years of age and not a party to this action.
That he asked defendant whether he was in the military service of
the United States Government, in any capacity whatever and
defendant replied he was not. Defendant was clad in ordinary
civilian clothes and wore no uniform of any kind.
Deponent further states that he describes the person actually
served as follows:
a
Skin Hair Approx. Approx. Approx.
Sex Color Color Age Height Weight
MALE WHITE BROWN 38 6' 1R5
Sworn to before me this 17th
day of September, 1996.
_ "Publ No
!�'�i1 CG rt rn cst w� .A. -;p��s
LITCHFIELD COUNTY
STATE OF CONNECTICUT
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607-644 -0i20
ZONING $ BUILDING CODE ENFORCEMENT
August 19th, 1996
65 EAST iMIAIH Sfnttt, r)hybtN, NEW YOLK Oo53
M the tteaH of die Pinger• takes hegion
James F. Schug, Dryden Town Supervisor
65 East Main Street
Dryden, .NY 13053
Re: Unsafe Structure Report Dryden Town Tax Parcel 47 -1 -25.4
Dear Jima,
As required by Sect
"Providing for the
collapsed structure
detailing our conce
detached private st
Town of Dryden.
ion (4) of Local Law #2 of 1981,
repair or removal of unsafe' buildings and
s", please find as follows, a report
rn for general public safety of a
orage barn at 164 Dryden Harford Road,
History:
The structure owned by Koen
Washington Road, Woodbury, Ct
of total collapse and has been
early December 1995,
On December 5th,
a portion of the
See our photo dat
On 12/7/95, we be
make contact with
1995,
south
ad De
gan, o
the
it was
wall o
camber
ur effo
propert
Patrice Loeven of 193
06798; is in immediate danger
collapsing part by part since
brought to our attention, that
f this structure had fallen in.
7th, 1995m
rt to establish, locate and
y owners.
Eventually we established contact advising'Koen Loeven, the
property
owner,
of
our concern of this
deteriorating
structure.
To
date
several promises,
ranging from repair to
a practice
burn
by
Dryden Fire Department
personnel have
been made,
with
none
occurring.
not
Dryden
Current
Concerns:
At this
appropriate
time,
repair
we have advised
or demolition
the owners, that
and removal
either
shall
occur
by
not
Dryden
later
will
than
do
October 31,
so under the
1996 is required,
unsafe structure
or the
law
Town
provisions.
of
The structure, a relatively square wood frame post and beam
building with a semi flat roof, it dependent upon the entire
structural members to provide stability.
James F. SchUg
August 19th, 1996
Page Two
From our photos of 6/11/96 & 8/14/96 you'll observe; both
the southeast & northwest adjacent frame assemblies have
collapsed or fallen away leaving virtually no structural
support for upper walls and roof.
The June & August photos provide a startling image of the to
date decay
and suggest
total
damage
collapse is sure to
result.
-- - August -14-th
-photo
3/4 provides
an excellent detail.
of the.
structural
decay
suffered
by
this structure and
supports our
concern for
further
decay.
issue with
all
Sections
Photo (1/4 & 3/4) of August 14th provides the viewer with an
excellent view of the exterior structural decay. The viewer
will note, structural beams, plate and posts have fallen
away or broken off resulting in collapse of two major wall
sections. The roof support has been greatly diminished.
Compare the December- 1995 photo to the August 1996 photos
and you'll see a tremendous further decay between December
and August. I believe that any amount of snow load, which
is eminent in a few months, or a heavy wind, will result in
a total collapse.
Summary:
• We have
opportun
occurred
process
•
provided the owner,
ity to care for this
the Town should be
prior to the on set
until October 31st, 1996 the
structure. If that has not
prepared to take over the
of winter weather.
I would urge the board to take the necessary action to
resolve the
eminent
damage
prior to
the winter snows,
which
I fear will
result
in total
collapse
and cause there
to be
issue with
all
Sections
4
items 1 -5
of Local Law 2 of
1981.
Very truly yours,
%4 1
Henry M.
Zoning &
M W
y RR
Slater
Building Code Enforcement Officer
cc: Mahlon R. Perkins, Dryden Town Attorney
Dave Putnam, T.G. Miller Engineering & Surveyors
Susanne Lloyd, Dryden Town Clerk
.Vi kit"
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0
I
E
0
MAHLON R. PERKINS, P. C.
ATTORNEYS AND COUNSELLORS AT LAW
20 WEST MAIN STREET
P. O. BOX 27
DRYDEN, NEW YORK 13053
MAHLON R. PERKINS
August 28, 1996
James F. Schug, Supervisor
Town of Dryden
65 East Main Street
Dryden, New York 13053
RE: Unsafe Barn at 164 Harford Road
Dear Jim.
You should
the unsafe
resolution
and removal
AUK;
RYDT Toviv
�1� ? TELEPHONE
( 607) 844-9111
be in receipt of a report from Henry Slater regarding
barn at 164 Harford Road. Enclosed is a proposed
for consideration by the Board ordering the demolition
of the barn pursuant to Local Law No. 2 (1981)0
If you have any questions, please give me a call.
Ver truly yours,
Mahlon R. Perkins
MRP /lm
Enclosure
pc: Henry M. Slater, Code Enforcement Officer
To:�
From: pet. (n
Kee : o� Toss
a
I
1
be in receipt of a report from Henry Slater regarding
barn at 164 Harford Road. Enclosed is a proposed
for consideration by the Board ordering the demolition
of the barn pursuant to Local Law No. 2 (1981)0
If you have any questions, please give me a call.
Ver truly yours,
Mahlon R. Perkins
MRP /lm
Enclosure
pc: Henry M. Slater, Code Enforcement Officer
To:�
From: pet. (n
Kee : o� Toss
a
I
RESOLUTION NO. (1996)
Councilman offered the following resolution
and asked for its adoption.
WHEREAS, the Town Board has received and considered a report
from Henry M. Slater, the Code Enforcement Officer, with respect to
the barn on the premises at 164 Harford Road (Town of Dryden Tax
Map Parcel #47 -1- 25.4), and
WHEREAS, Local Law No. 2 of the 1981 provides for a procedure
to compel the repair or removal of unsafe buildings and collapsed
structures, and
WHEREAS, prior attempts to encourage and require the repair or
removal of said unsafe and collapsed structure at said address
have been unsuccessful;
NOW, THEREFORE, BE IT RESOLVED BY THE TOWN BOARD AS FOLLOWS:
16 The Town Board finds that the barn at 164 Harford Road
(Town of Dryden Tax Map Parcel #47 -1 -25.4) is unsafe and dangerous
due to its collapsed condition; and
2. Said barn shall be demolished and removed.
BE IT FURTHER RESOLVED AND IT IS ORDERED THAT: That a notice
pursuant to Section 6 of such local law shall be served upon Koen
O. Loeven and Patrice Loeven as provided in Section 7 thereof, said
notice to be in substantially the following form:
i. The barn which is the subject of this notice is located
at 164 Harford Road in the Town of Dryden, County of Tompkins,
State of New York, Town of Dryden Tax Map Parcel #47 -1 -25.4.
29 The barn at said address is unsafe or dangerous in that
it has collapsed and is in danger of further collapse and is unfit
for any lawful purpose.
3. Said barn is to be demolished or removed in accordance
with all applicable provisions of such local law or other local
laws and ordinances of the Town of Dryden and the County of
Tompkins and the provisions of the New York State Uniform Fire
Prevention and Building Code.
4. Such demolition and removal of the barn shall commence
within 30 days after service of this notice upon Koen O. Loeven and
Patrice Loeven and shall be completed within 60 days thereafter
unless for good cause shown such time shall be extended.
54 The Town Board of the Town of Dryden will hold a hearing
in relation to such dangerous and unsafe structure on October 8,
1996 at the Tswn Hall, 65 Bast Main Street, Dryden, Now York 13053
at 7,630 p.m. prevailing time to hear all persons including KOen 00
Loeven and Patrice toeven regarding the order of the Town Board
requiring the demolition and removal of such structure.
• 69 In the event of the neglect or refusal of said Koen O.
Loeven and Patrice Loeven to comply with this order of the Town
Board to demolish and remove said structure, the Town Board is
authorized to provide for such demolition and removal and to assess
all expenses thereof against the land on which it is located and to
institute a special proceeding to collect the costs of demolition
including legal expenses.
Seconded Councilperson
•
•
0
Date:
To
From
Sub. t
Dear Jim:
September 3rd, 1996
James SchUg, Dryden Town Supervisor
Henry M. Slater, Zoning t Building Code Enforcement Off.
August 196 Building t( Zoning Activity Report
Building Permits.'
During the month of August 196, our department issued lei
building permits which are described as follows.
A -1
Single
for
Family
of
Homes new
starts
(1)
calls during
Do6ble
-wide;
analysis.
(1) site
built
homes
A -1 Renovate an existing single family home
C -4.1 Erect
C -7 Install
C -7 Home Mi
Certificates of
Certificate
Temporary C
Certificate
a privat
private
scellaneo
Occupancy
of Occup
ertificat
of Compl
e garage
use Swim
us repai
and Com
ancy
es of Oc
iance
Ming Pool
rs or construction project
pliance
cupancy
Public Inspections, Fire Safety
Multiple Residence Facilities
Business Facilities
Home Day Care Facilities
Fire Investigations
for
the Month
of
August
There
were NO fire
calls during
August requiring our
analysis.
Truly, Good News.
Update on Issues of Concern:
164 South Street,
No further word
structure. I rem
repair or demolit
demolish or remov
Loe
has
ain
ion.
e st
ven Barn:
been received
firm on my Oct
Town Board t
ructure. Heari
(2)
(1)
(9)
(1)
(i)
(17)
(1)
(9)
(0)
on what will become of this
obey 31st deadline for either
o consider Public Hearing to
ng would be October 8th.
Cortland Paving, Freese Road:
Cortland Paving has appeared to have turned this into a fill
site. All material deposited at the site is acceptable fill.
!T! I t- ^ v' i ?, 1 ., T h i 1 1 p 4- i n rt n Q 4- k 4 q F i 1 1
}.: 4 V t_° 1 1 e3 1 1 U l.: ki I I H 1 1 1 U e
monitored by enginwing, legal C00011 find our d0o6rtmontg
I
9
August 196 Report
Page Two
The Zoning Board of Appeals had (2) Variance Requests,
The 84 Lumber Company, as you may recall, requested and was
granted a variance to erect a 40' 84 Lumber Company sign at their
proposed Lumber Sales & Distribution Center along Route 13.
George & Joan Guest of 293 Mt. Pleasant Road, requested and was
granted a variance to demolish an existing barn at the edge of the
Mt. Pleasant Road right of way, and erect a replacement barn
garage 47 feet from the center line rater than 70 feet.
The Plan
subdivis
The f i
501 stri
Planning
recall i
ping
ion
rst
p le
Boa
f th
Board me
modificat
involved
ft for pa
rd, apps
e Town de
e
i
t
s
v
S
t
on
he
si
ed
it
to review the proposed ex
s which were approved.
Country Trace / Bridle L
ble connection to Crystal
the proposed consolidati
ed to install the road at
isti
ane,
Dri
on c
a 1
ng
futUre road
vow The
ontingent to
at er date.
The second request was by Finger Lakes Stone Company who desired
to split up some back land behind several Ellis Hollow Road
residential properties. The resulting parcels would be sold to
and consolidated with the adjacent properties fronting on Ellis
Hollow Road.
Very truly yours,
J '"
Henry M. Slater
Zoning & Building Code Enforcement Officer
cc: All Dryden Town Board Members
Susanne Lloyd, Dryden Town Clerk
Mahlon R. Perkins, Dryden Town Attorney
is
•
TOWN OF DRYDEN ® DRYDEN, NEW YORK
65 EAST MAIN STREET, DRYDEN, NEW YORK 13053
607 - 844 -9120
ZONING & BUILDING CODE ENFORCEMENT
ht the Heart of the Finger Lakes Region
REPORT TO TOWN BOARD
RE: Barn at 164 Harford Road, Tax Map Parcel No. #47 -1 -25.4
I, Henry M. Slater, the Town of Dryden Code Enforcement
Officer, pursuant to Local Law No. 2 of the year 1981 (a local law
providing for the repair or removal of unsafe buildings and
collapsed structures) hereby report to the Town Board as follows:
19 I have inspected the barn at the above address pursuant
to Section 4 of the above local law and find that it is
dangerous, unsafe to the general public, collapsed, and is
unfit for any lawful purpose. Attached to my report are 4
photographs of the structure from which it can be seen that it
has partially collapsed and is in danger of further and total
collapse. This barn has been vacant for many years.
2. Based on my above findings
herewith I recommend that the
removed by the owner or in the
said local law the Town provide
of such building.
Dated: August 27, 1996
Henry Y4. Slater
and the photographs submitted
building be demolished and
alternative that pursuant to
for the demolition and removal
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TB9 -3 -96 Page 7
10 TOWN CLERK
Town Clerk Lloyd received quotes for copy machine. C.N.Y.0 amount
$9,800.00; G.P.A. $9,495.00; Xerox $9,172.00 including a 3 year
maintenance, Savin $12,005.00 and Bates $12,707.00.
RESOLUTION #189 PURCHASE COPY MACHINE
Clp Grantham offered the following resolution and asked for its
adoption:
RESOLVED, that this Town Board accept the low price of $9,172.00
from Xerox for a copy machine including a 3 year maintenance
agreement.
Clp Roberts Roll call vote - all voting Yes
RESOLUTION #190 APPROPRIATING $41,000.00 OF THE
TOWN OF DRYDEN,
PAY THE COST OF
TOMPKINS COUNTY NEW YORK,
TO
PREPARING A MAP, PLAN AND REPORT
IN CONNECTION
WITH THE PROPOSED ESTABLISHMENT
OF A NEW WATER
DISTRICT
IN
SAID TOWN IN AN AREA
OF SAID TOWN NOT
INCLUDED
WITHIN
THE BOUNDARIES OF
ANY EXISTING WATER
DISTRICT
OR INCORPORATED VILLAGE
Clp T. Hatfield offered the following resolution and asked for its
adoption: (copy in minute book)
• 2nd Clp Grantham Roll call vote - all voting Yes
ZONING OFFICER
Monthly report - given to board members
Z.O. Slater - showed board members pictures of the unsafe
structure at 164 Dryden Harford Road - board members have copy of
report.
RESOLUTION #191 UNSAFE STRUCTURE
164 DRYDEN HARFORD ROAD - PARCEL #47 -1 -25.4
Clp T. Hatfield offered the following resolution and asked for its
adoption: (copy in minute book)
2nd Clp Grantham Roll call vote - all voting Yes
HIGHWAY SUPERINTENDENT
Hwy Supt Gilbert - Yellow Barn Rd. and Caswell Rd. - still working
on and will not be finished this year. - Hile School Rd. - no
change
Supv Schug - plow equipment returned from Tracy Road equipment
$8,975.00. Hwy Supt Gilbert asked the boards permission to bid out
• plow equipment for truck #7.
X05
•
TB9 -3 -96 Page 8
RESOLUTION #192 AUTHORIZE HWY SUPT GILBERT
TO ACCEPT LOWEST POSSIBLE BID FOR PLOW EQUIPMENT
Clp Grantham offered the following resolution and asked for its
adoption:
RESOLVED, that this Town Board authorize Hwy Supt Gilbert to
accept the lowest possible bid for plow equipment.
2nd Clp C. Hatfield Roll call vote - all voting Yes
Supv Schug - Hwy Supt Gilbert would like to trade in a disc mower
and a snowblower along with $700.00 for a new front mounted snow
blower for the Ford 46/30 tractor.
RESOLUTION
#193
AUTHORIZE
HWY
SUPT GILBERT
TO TRADE
IN
DISC MOWER
AND
SNOWBLOWER
Clp C. Hatfield offered the following resolution and asked for its
adoption:
RESOLVED, that this Town Board authorize Hwy Supt Gilbert to trade
in a disc mower and snowblower for a front mounted snowblower for
a Ford 46/30 tractor.
2nd Clp Roberts Roll call vote - all voting Yes
CORRESPONDENCE
• Dryden Lake police report
Thank you letter from the Dryden Music Boosters
Tompkins County Municipal Meeting - September 25th
Ambulance report
RESOLUTION #194 AUTHORIZE SUPERVISOR
TO SIGN AGREEMENT VARNA FIRE DEPARTMENT
Clp THatfield offered the following resolution and asked for its
.
adoption:
RESOLVED, that this Town Board held a public hearing and approves
the Varna Fire Department to borrow the money they need. The town
is not liable for any payment of principle and authorize
Supervisor to sign the necessary documents.
2nd Roberts Roll call vote - all voting Yes
DISCUSSION
Revise employee policy - no action taken at this time - Atty
Perkins will review policy.
Computel - utilize NYSE &G pool - need more information
•
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To: Dryden Town Board
Jim Shug, Supervisor
• From: Rachel Dickinson
Date: September 2, 1996
Re: Dryden Community Chorus
I am interested in starting and running a Dryden Community Chorus for the Spring and
Summer of 1997 and have had a discussion with the Community Arts Partnership (CAP) of
Tompkins County about possible funding. The Community Arts Partnership is very interested in
this project and has suggested I seek funding through their Decentralization grants which requires
a non - profit agency or municipality as a sponsor.
I would like to ask the Town of Dryden to consider sponsoring my grant application to the
Community Arts Partnership. This means I would need someone's signature on the grant
application (probably Jim Shug) which will be submitted to the Community Arts Partnership for
an October 2nd deadline. There is no cost to the Town: these grants don't have a cost - sharing or
matching funds component. Should the project get funded, the check would be sent to the Town.
So, in essence, this is a no -risk venture for the Town.
This is a project I have been thinking about for a couple of years. As you may know, I
• was the director of the "intergenerational" chorus that performed for the opening ceremony of the
Bicentennial celebration. That was a trett,erdously successful experience and it became clear to
me that Dryden would support a community chorus. We met for six rehearsals; had forty singers
participate; and actually scheduled an additional concert outside of the opening ceremonies
because the group was so proud of what they had accomplished in such a short time.
In my proposal I would ask for funds to pay the director, to pay the accompanist, to pay
any room charge /rental, and a very small amount for publicity of our concerts. I will try to
borrow or rent music from the Community School of Music and Art or the Ithaca Community
Chorus. I intend to run two 8 -week sessions: one next spring, and the other in the summer. Both
sessions will culminate in a performance with the summer session performance geared around the
Bicentennial Closing Ceremony. I will ask that the participants pay a $10 fee for each session. I
think a participants fee is important for a couple of reasons. First, it would cover the rental of
music (a cost not allowed in a CAP grant); and also, I think if people have to pay for something,
they feel more committed to the project and take it, and themselves, more seriously. I think I will
be asking for about $1400 or $1500 from CAP.
Thank you for your consideration of this request. Please do not hesitate to contact me
should you have questions or require additional information (phone: 844 - 4475), I would present
this proposal in pfrson but your Board nteetin.n cont?icts ti::th tt,C "ill; 6, oiFr��:;!!e Pn�r� rf
Trustee's meeting; of which 1 8111 It member. The grant proposal is due on October 2nd so I am
. hoping to get your approval at this Board meeting,
TB9 -3 -96 Page 9
IS RESOLUTION #195 APPOINT REPRESENTATIVE
TO COUNTY CABLE COMMISSION - MICHAEL ALLMENDINGER
Clp C. Hatfield offered the following resolution and asked for its
adoption:
RESOLVED, that this Town Board appoint Michael Allmendinger as the
Town of Dryden representative to the County Cable Commission.
2nd Clp Grantham Roll call vote - all voting Yes
RESOLUTION #196 DRUG & ALCOHOL TESTING
Clp Roberts offered the following resolution and asked for its
adoption:
RESOLVED, that this Town Board authorize Tompkins County to
contract for drug and alcohol testing.
2nd Clp C. Hatfield Roll call vote - all voting Yes
RESOLUTION
#197
AUTHORIZE
HWY
SUPT GILBERT
TO
ATTEND
TC3 TRAINING
COURSE
Clp T. Hatfield offered the following resolution and asked for its
adoption:
RESOLVED, that this Town Board authorize Hwy Supt Gilbert to
attend a supervisor training course at TC3 on Sept. 19th to Sept.
21st in an amount of $500.00
2nd Clp C. Hatfield Roll call vote - all voting Yes
RESOLUTION #198 DRYDEN CHORUS GRANT
Clp Grantham offered the following resolution and asked for its
adoption:
RESOLVED, that this Town Board authorize the Supervisor to sign
the necessary documents for Dryden Chorus grant application.
2nd Clp T. Hatfield Roll call vote - all voting Yes
FINANCIAL REPORT - available to board members
JUSTICE REPORT - report given to board members
RESOLUTION #199 APPROVE ABSTRACT #109
Clp T. Hatfield offered the following resolution and asked for its
adoption:
RESOLVED, that this Town Board approve abstract #109 as audited.
Voucher #818 to #900 for a total of $199,090.36.
2nd Clp Roberts Roll call vote - all voting Yes
0
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TB9 -3 -96 Page 10
40 RESOLUTION #200 ENCOURAGING THE COUNTY BOARD OF
REPRESENTATIVES TO USE AVAILABLE STATE MONIES
TO FULLY SUPPORT TESTING BY CORNELL UNIVERSITY
ON DRYDEN LAKE
Clp Grantham offered the following resolution and asked for its
adoption:
WHEREAS, Dryden Lake in the Town of Dryden will be the site of a
study to assess the potential of developing and introducing a
biological control approach, based on several years of study
conducted in the south end of Cayuga Lake, to control the
excessive growth of aquatic plants in Dryden Lake and,
WHEREAS, a part of this study will be to demonstrate the effects
of mechanical harvesting on aquatic plant herbivores, specifically
an aquatic moth and a weevil, which preferentially attack Eurasian
milfoil, an introduced aquatic plant, and
WHEREAS, results in Dryden Lake will be compared to other data
collected in Cayuga Lake to assess how to best design a biological
control program for Dryden Lake, and
WHEREAS, mechanical harvesting will be accomplished in such a way
to make Dryden Lake more attractive for the planned Town of Dryden
• Bicentennial celebration events scheduled at Dryden Lake in August
1997 and the mechanical harvesting will be accomplished under
contract, and
L
WHEREAS, the Town of Dryden Town Board supports this study and the
potential to control Eurasian milfoil through the use of
biological control methods, now therefore be it
RESOLVED, that the Town of Dryden Town Board approves of and
supports the proposed work to use biological control methods to
control Eurasian milfoil in Dryden Lake and encourages the
Tompkins County Board of Representatives to take advantage of all
funds available from the State to move forward with testing by
Cornell University, NYS Department of Environmental Conservation
and the Tompkins County Planning Department of the cleanup of
Dryden Lake.
2nd Clp Roberts Roll call vote - all voting Yes
Recessed for executive session - 10:35PM - Personnel
No action was taken after executive session
Adjourned:
10:35PM
Susanne Lloy(
Town Clerk
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