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Home My WebLink About1998-01-13TOWN OF DRYDEN TOWN BOARD MEETING JANUARY 13, 1998 Supv Schug called the meeting to order at 7:50 p.m. Members and guests participated in a moment of silent meditation followed by the Pledge of Allegiance. Roll call attendance was made by Town Clerk Bambi Hollenbeck Present: Cl Beck, Cl C Hatfield, Cl Grantham, Supv Schug, Atty Perkins Absent: C. T. Hatfield (arrived at 8:10 p.m.) CITIZENS PRIVILEGE OF THE FLOOR Karl Heck - Housing & Urban Development - This years application round is a two year round, combining 1997 with 1998. Dryden participated in the program in 1995, and the one thing that's changed is that this year's round is a two year round. They waited so long in doing 1997 that they've put it together with 1998. That's how they're getting back on schedule. In the two year competition there will be about $60,000,000 available to communities. The application deadline is March 2. They have extended those from time to time. We're assuming that the public hearings held in the summer were sufficient and that we won't have to repeat those, but we will need the Town Clerk authorizations to process applications. With the two year competition Dryden will basically have the option of committing to one year or two years. The difference is that if you do two years you'll have to do two separate applications, meaning two binders instead of one. Well come back to you in February and see if the Town is going to do one year or two. Supv Schug: Does anyone have any questions of Karl? We appreciate you coming out. K Heck: Thank you. Well see you next month. APPROVAL OF MINUTES Motion was made by Cl Grantham and seconded by Cl C Hatfield to approve the minutes of the Town Board meeting held on December 9, 1997 Carried COUNTY BRIEFING Charles Evans: New committees have been established and I will be serving on the Economic and Labor Development Committee, the Government Operations Committee and the Health and Education Committee. Economic & Labor Development Committee is very interesting because DSS will be reporting to that Committee. We should be really able to work on the issue of work force development for DSS employees and further to work on the issue of work force development so hopefully in the future we can keep people off DSS. I think there is real opportunity there for making changes. In the Electronic Future Committee which I chair, we may have had a breakthrough. As you know, Time Warner is updating about half of their system with fiber optic cable, and there is a possiblity that the County can tie into that for the cost of the cable. Around $300,000 to do it. It would go to, I believe, all Town Halls and libraries except Enfield, and we have a possibility of tying that in also, all the schools in the County, Town Courts, provide the backbone of eventually ' connecting every household and business in the County. Well see how it goes, but it could be major savings to the County. Page 1 of 8 Supv Schug: Are they going to be able to hold that over our head? I mean our cable . negotiations will still be separate from that? C Evans: Absolutely. And we've made that very clear - that the County is not a negotiating body for cable franchises. They obviously hope that this will improve the climate for negotiations. We want to push them to the limit on what we can do with it and they obviously want to hold back as much as they can. By putting the fiber in it takes the pressure off that part of your negotiations. They will tell you that they are putting in this $10,000,000 upgrade in good faith, without franchises. It's three years ahead of when they would normally do it. It turns out that Tompkins County is the only County with which they do not have franchises and I pointed out to them that they ought to be very quiet about that because we would probably be very proud of it. Supv Schug: We're just waiting. Our Town hasn't had an agreement with them since back in 1990. C Evans: What's being proposed is that the County Cable Commission and the Ithaca City Cable Commission join forces and negotiate the franchises together. If everybody can negotiate together I think the County in total will be better off. Also we had a presentation last Thursday at Electronic Futures from a wireless company who operates out of Rochester who has a license to operate in Tompkins County, at least the frequency license to operate in Tompkins County. Where they operate they provide 33 channels of TV over wireless for $22.95 per month. That's about half what Time Warner charges, I believe. So we're also looking at any other option we can find besides fiber as ways to get homes connected in the County. Atty Perkins: Would that extend to homes that are currently served by Time Warner? • C Evans: Sure, there's no law against it. Their franchise is for cable service, not for wireless service. Atty Perkins: Is the County committed to connect those areas of the County that don't have cable through this method. C Evans: The County certainly wants to do this or create the environment in which it can happen. Also this is not just television. They can also provide Internet service both one way or two way over this system that we're talking about. Supv Shug: Does anybody have any questions of the County Rep? Audience Member: What about the people who don't have any cable services at all right now, what is it going to cost them? C Evans: With the wireless services what you would have to do is purchase some equipment for your home, I believe you can probably rent it, if you bought it it costs around $700.00. That would allow you cable at $22.95, half the price that Time Warner charges. I suspect that you could rent it and not pay any more than Time Warner charges Supv Schug: Thank you Charles. Deb, can we have an update on the safety program? Cl Grantham: We have a meeting on January 26, 1998. Supv Schug: Is there anything you need from the Town? Cl Grantham: Just reserve the room. Tom knows the date, I think hell try to come to it. I' . _ • Supv Schug asked attorney to look at information regarding public official's liability insurance. Atty Perkins had not received that information. Supv Schug would like Atty Perkins to investigate the cost effectiveness of this policy and will get copies of the information to him. Cl Beck - suggested we contact Bill Bailey and ask him to explain what is covered. ATTORNEY Supv Schug - Brooktree Lane? Atty Perkins - No change. In the matter of Finklestein, Judge Rebhan denied the Town's Motion to Dismiss on statute of limitations grounds. We will be submitting an Answer on the merits. That probably will be heard sometime around the end of February. Cl Grantham -And so what happens now? Atty Perkins - We going to be putting in an Answer on the merits and the Court will hear arguments on that sometime in February. We haven't answered yet on the merits, we only made a Motion to Dismiss on the procedure. I think Judge Relihan's decision wasn't well thought out. I think he took the easy way out. There's another matter involving litigation and I'd like a short executive session to report to the Board. TOWN CLERK Advised that she had information regarding a training session offered by the Association of Towns for town officials. The session is to be held in New York City February 15 -18, 1998. • Those interested can obtain the information from the Clerk. ENGINEERING Supv Schug - We have the discussion of the boiler plate conditions listed under this section. I guess, Mahlon, you have no problem with the special permits being under the boiler plate and putting in only for that person, but site plan review and changing the site or whatever is different. Atty Perkins - Site Plan Review really talks about improvements to the site. You never get to the question of Site Plan Review unless its already an allowed use, and because Site Plan Review usually entails making improvements to the site which are permanent, it doesn't make any sense to have the approval be non - continuing. The improvements are going to be there no matter what. They're never done on a temporary basis. Supv Schug - Barter Bob's was a special permit and can carry that portion non - transferrable. In other words, Barter Bob can't leave and - -- ZO Slater - Except you didn't assign that to him. Cl Grantham - I thought we did. ZO Slater - No. Supv Schug - We still can you know. 0 ZO Slater - You ll have to ask Mr. Perkins. Atty Perkins - He's already been approved right? It's water over the dam then. • Supv Schug - Do we have any problem with the Standard Boiler Plate conditions? D Putnam - My concern is that people know about these conditions early on so that we don't get provisions the night of the meeting and conditional approvals. Supv Schug - Henry, you've been passing these out ahead of time, haven't you? ZO Slater - I discuss these with people. My thought was to incorporate them right into the applications. My question was do we need to change the process or can I just simply do them as my own doing. Supv Schug - Do we need a public hearing to do this or just a resolution. Atty Perkins - I think what Henry should do is advise applicants that these are typically required by the Town Board and the applicant should be aware of that at the time of the application so that the applicant can address any waiver that they need early on in the application process. Cl C Hatfield - We should give them a copy of it so they can not say that they didn't know. ZO Slater - That's why I would like to incorporate it right into the application. That way we won't forget it because its part of the package. RESOLUTION #68 - STANDARD CONDITIONS OF APPROVAL • Cl Grantham offered the following resolution and asked for its adoption: RESOLVED, that this Town Board adopt the new ten -part Standard Conditions of Approval to be used by Zoning Enforcement in connection with its application process. 2nd Cl Beck Roll Call Vote - all voting Yes (copy attached to these minutes) Supv Schug - David, the Potter drainage on Rt 366? D Putnam - I checked on it after a heavy rain and didn't find any problems. I've made some preliminary contact with DOT. We haven't finalized our discussions. The major problem is that there are two 24" and one 30" pipe that come into the ditch in front of Potters house and one 30" pipe that comes out across his property. I'm still researching the origins of that pipe and the comment Mr. Potter made last month about what the DOT had told him. Supv Schug - Recognized Michael Lane, Esq., County Representative, and inquired if he would like to address the meeting. COUNTY BRIEFING - CONT. M. Lane - We did reorganize, I have been asked to chair the Planning and Intermunicipal Coordination Committee, which is a combination of part of the Planning Committee which • we had last year plus the Rural Urban Coordination Committee, which I chaired last year. I'm also serving on the Public Works Committee this year and on the Economic and Work Force Development Committee with Charlie. Our first meeting of that committee was this '. • 0 afternoon. (handed out information regarding public comment on bus service) I will be • serving on the TV Cable Commission. They will be meeting again tomorrow night. I expect there will be a discussion with City representatives about whether the commission should recommend to the municipalities that they participate with the City in a joint negotiation. HIGHWAY DEPARTMENT RESOLUTION #69 — PURCHASE OF PICKUP TRUCK Cl T Hatfield offered the following resolution and asked for its adoption. After discussion, it was RESOLVED, that this Town Board authorize the Highway Department to purchase a 1998 Pickup Truck with snowplow at a price not to exceed $20,647.00. 2nd Cl C Hatfield Roll call vote — all voting Yes RESOLUTION #70 — PURCHASE OF BRUSH CHIPPER Cl T Hatfield offered the following resolution and asked for its adoption. After discussion, it was RESOLVED, that this Town Board authorize the Highway Department to purchase 12" capacity diesel engine brush chipper at a price not to exceed $14,337.00. 2nd Cl Beck Roll call vote — all voting Yes RESOLUTION #71— PURCHASE OF TRACTOR Cl T Hatfield offered the following resolution and asked for its adoption. After discussion, it was • RESOLVED, that this Town Board authorize the Highway Department to purchase 1997/98 New Holland 4835 tractor and install the old mower on it at a price not to exceed $29,639.00. 2nd Cl Beck Roll call vote — all voting Yes SUPERVISOR Supv. Schug recognized the recent disaster in the Northern part of the state and that volunteers from local fire departments had gone to their aid. Some men from the Highway Department have volunteered to go. We've checked with our insurance carrier, who said they would be covered under liability. Chances are what will happen is if we go up, and we're asked to go up, then whatever they're paid will be reimbursed. Our ambulance is up there, south of Malone. What they're doing by being there is allowing the people up there who are normally volunteering to go home and take care of their own families. Our ambulance crew will probably be there until at least the end of this week. Our generator has been offered if needed. It was determined that we should be ready in the event we are called on to assist. ZONING OFFICER ZO Slater - Introduced Kevin Ezell, who joined us on the 5d' of the month. Reviewed Building & Zoning Activity Report for December (copy distributed to board members and attached to these minutes). The one big thing that we have is that we worked on identifying the properties that would be in the potential "Yellow Barn Flood Protection District ". Board members have a map. It was noted that on north side of Route 13 Mix Brothers and William LaLonde went to DEC two years ago and got a permit to work in the stream and they repaired the stream along their property. They did for themselves what the people upstream are asking someone else to do for them. Since the big snow storm up through Friday of last week, no appreciable change in the amount of water running through there. It certainly stayed well within the bank • We need to remember the movie they showed us was from January 19, 1996, when half the Town of Dryden was under water. Page 5 of 8 • Supv Schug — So maybe we should offer those people the opportunity to form a district? Cl T Hatfield — Absolutely, why not? ZO Slater - They're the ones that pay for it. Cl T Hatfield — If they're willing to sign up for it and vote it in and go forward, it gives them the option to do that. Mahlon, if you were to go forward and offer a benefit district, you'd have to have it like any other benefit district, subject to permissive referendum, making sure they're aware of it. Everybody has a chance to vote on it, and you just go forward from that perspective. Normally, with like a water or sewer district the Town Engineer would draw that map. Atty Perkins: There are two ways of proceeding here. You can proceed under Article 12, which is a petition, or you can proceed under Article 12 -A which means that the Town would appropriate a sum of money by resolution to hire an engineer, and then the adoption of that resolution appropriating a sum of money becomes subject to permissive referendum. Then when the report is received after the referendum period goes by you vote on the appropriation and then the Board has to make a decision on the formation of Special District and have another vote on that. Which would mean some kind an estimate from engineers with respect to the cost and then you can decide whether you want to appropriate a sum of money to do it. Cl Beck — How much of a financial advantage would be looking at for the people vs if they just did it on their own. Is the Town talking about putting up a significant amount of money to help get this done? I didn't think that was the discussion at the last meeting Atty Perkins — If the Town does it in a district situation, the entire cost is collected back from the benefitted property. • Cl Beck - It's just that we're the conductive agency and they don't have to organize on their own and get the permits. Cl T Hatfield — I think we ought to go forward with this. They've been in here twice. I think they need that benefit distirct to give them help. Atty Perkins — If you appropriate the sum of money to do the study, one of the things the study is going to identify is what the projective cost is. Supv Schug — requested Dave Putnam to give us an estimate at the neat meeting. CORRESPONDENCE Board members have copy of December ambulance calls. Supv. Schug has received a letter from Don Trombly of Dryden Central School regarding the school road. Supv. Schug will gather some more information with respect to that. Susan Hollern spoke with respect to the naming of Herman Road and the possibility of renaming it Marquis Road and presented a petition with over 100 names in support of that. Cl Beck remarked that Mr. Marquis had indicated that he was not particularly enthused about having it named after Marquis farms. Ms. Hollern indicated that Mrs Marquis had no objection, but suggested that in lieu of Marquis it could be named after someone from the Republic. She wondered what criteria the Board has used in the naming of the road. Supv. Shug — It needed to be changed because of the 911 system. No one lives on that road, so not a lot of thought was given to it. The Board will give this some consideration. • Ms. Hollern — urged the Board to give some thought to the name and attaching some significance to it. Supv. Schug - There is the possibility of some more resumes, so I'd like to hold off on the appointments to the Planning Board and the ZBA. RESOLUTION #72 — APPROVE ABSTRACT #101 Cl T Hatfield offered the following resolution, and asked for its adoption: RESOLVED, that this Town Board approve abstract #101 as audited, Voucher #100 through 183, for a total of $226,712.02. 2nd Cl C Hatfield Roll call vote — all voting yes RESOLUTION #73 — APPROVE INCREASE IN ATTORNEY'S HOURLY RATE Cl T Hatfield offered the following resolution, and asked for its adoption. After discussion, it was RESOLVED, that this Town Board increase the hourly rate of th Esq. to $125.00 per hour, for other than contract work effective January 8, 2nd Cl Beck Roll Call Vote — Cl Cl Cl Cl e Town Attorney, Mahlon R. Perkins, 1998. Beck — yes T Hatfield — yes C Hatfield — yes Grantham — no Attorney Perkins expressed concern with respect to the proposed agreement with Monroe Telecom Associates with respect to the tower citing ordinance. He felt it was a pretty rigid time frame that they're willing to commit to for what they are going to charge. There doesn't seem to be a lot of time for local input and consideration. They don't give us anything to go on with respect to what the format of the ordinance will be. Supv Schug is checking with other Towns and Villages who may get involved. If enough municipalities get involved it will only be a $500.00 expense. Cl Grantham asked if we have any references for them. Supv Schug indicated that he has checked with Canandaigua, Rochester and a couple of others and they are happy with what they have. Some of them are still working with them on setting up their town ordinance. Cl Grantham - They have a standard ordinance and they adapt it for us? Supv Schug: To a point. They'd have to take a look at our zoning. We really have to get going on this. Cl Hatfield: Mahlon , you've pointed out a couple of concerns and I share one, that the cost for $500.00 is reasonable. Have you talked with them at some length, Jim? I'd say this is reasonable. Supv Schug - What they would do is once we have the ordinance and we have the hearings and its in place (they would come down and help us do that). Once the ordinance is in place, then within the ordinance its written in that Frontier Cellular, for example, would have to put up a bond or understand that they would have to pay. It's like we do now with our Town Engineer or Town Attorney. If you'd like some more assurances from these guys, I'll see what I can get, but we need to do something with this. Atty Perkins - I agree that we need to move forward with all due haste, but this does not contain any kind of an outline at all about how the thing will be structured. We do have another model ordinance from other consultants. Supv Schug — And we have a copy of the one from Ulysses. Atty Perkins - I'm only pointing that out. It doesn't give you much of an idea where you're going with it.The concept is there certainly, but as far as an outline of what the ordinance will entail and a time table for doing it. You're basically looking at less than 60 days to get it done. It's going to be more complicated with more municipalities trying to partake in this program. But if they can sell it, what they've got to do for us to get it done, more power to them. That's fine. Supv Schug — I'll get together with them and get whatever I can from them, and I'll tell you what — if push comes to shove, I'll pay for it and you guys can decide if you want to pay for it at the next board meeting. RESOLUTION #74 — AUTHORIZE SUPERVISOR WITH RESPECT TO MONROE TELECOM ASSOCIATES Cl T Hatfield offered the following resolution and asked for its adoption. After discussion. it was RESOLVED, that the Supervisor is hereby authorized to further investigate the proposed contract with Monroe Telecom Associates and execute whatever documents he deems necessary. 2nd C. Hatfield Roll call vote — all voting Yes Supv Schug — Urged Attorney Perkins to proceed with whatever public hearings and work are necessary with respect to the moratoriums on cell towers and adult entertainment. Specific areas need to be addressed with respect to the adult entertainment Adjourned 9:15 p.m. Bambi L. Hollenbeck Town Clerk lei • l .11Ph� _ :ii7 _ Honorable James Schu�,), Supervisor, "Town of Dryden 65 East Main Street Dryden, New York 13053 Dear hrn: In response to your request, a Aylocietcf, uh association with Comi for a Tower Siting Ordinance for the ' County who alight wish to participate hJ H I 4 Monroe Telecom A»oeieteo. Ile For Over a Uecnfte pec.i. t zing u1 DICIC61rl p1;Qlil i. nf.iti c i11 Caltrol. e Boncroh Drive - East Greenbush, NY 12061 Phone: St8e77.8000 Fax: 516-477 -1317 E- flail: N.onroe i olecom @Plpo!fne.corr: Associate Offices "lorida. 0f110. North Carolina, South Carolina January 7, 1998 Sent via Telefax nd pursuant to our previous discussions, Monroe Telecom Telecommunications Smice, submits the following proposa own of Drvderl and any other commlulities In Tompkins You will note that the proposal reflects our 1)1-eviously discussed pricing, klgllCh it should be understood is significantly less that the current p6ce, i.e. subsequent. to our meeting last year. However, we made the proposal in good faith at the iillle and stand by it. Cos 1, 1,]% (.)vos..1I. 1 Community 1 S2,5Ct0 Each Additional Cortunuiuty - ii al.1 cont.rac[s are S 500 signed \within 30 days of the date of tliis proposal. Examnlc 2 Cotrinuulilics - S3.000 or 51,500 each 3 communities = S3,iOO or S1.16d each 4 conununities = S4.000 or 51.000 each 1Ve heel conlfonalhlc ill conulu fill l0 to deliverillL the runt_1c; ordinance within duly l3Uj clay. (1f the recilpl Of an CVC'Cu[Cd agyCell1Cl11 \vFiih all) lmlllcln1 11.1119 t;Mlr!ltllll.I The $500 foreacll a(1dlClon;tl C(lllllnll1h111' that S1Rr1 %vilhin I }le. 111ir.' {30 day l7 nod 111 \\'111Ch this proposal is valid is to cover die cosl of individualizing, i11 ordinance arui attending the first 11u' ting, \vhi hie acsunlcd 10 be the public ticari.n�r. he any mcetinn requested. \dditional • IMMimis \vill he. hilled al Iht st,uula -d rite ofSi �ti per 1x�ur. i);us out- of- Ixlcket expels ec rinroiced at a.:lual cos[ r. We will bill each conimunit r that is formally ormally a client as of February 6, 1998 in equal amounts for the ordinance. As discussed and explained previously, applications for all wireless services wi years for each participating community requirement for the applicant to pay all application. You should also know that problem. this proposal is based on the premise that we will handle all 'lain each client community for a minimum of the next three Please remember that. the ordinance will contain a costs associated with processing and analyzing the this is standard, accepted practice and is normally not a The efl'ect of this approach is that the participating corrunurnities get a consultant on retainer at effectively no cost, and that is available at. any time. Among other things, this assures a continuity of approach and practice, though each community is certainly free to approach any application in whatever manner it feels most appropriate, vis -a -vis individual community needs and concerns. W e shlocrcly hope the communities in Tompkins County understand the value they are getting with this proposal., as we don't know of anywhere else that they could get an ordinance such as this, Plus consultants on retainer for three (3) years, for the cost. proposed, much less to be represented by'rmer industry executives who have literally done everything that will be proposed by any applicant. Additionally, we don't know of any firms with the requisite knowledge that are available to municipalities that don't also represent tine industry. • We look forward to hearing from you at pour earliest convenience. In die meantime, I rernain with wannest personal regards LSM /jam • Yours Mdoor f:a\vrence (Rusty) Monroe President a i(4'il'li vl ,; Monroe Telecom nfioeiatei. uc A Full Service Cabie & Telecommunications Consultancy Serving Local Governments LETTER OF ENGAGEMENT BETWEEN THE OF , NEW YORK AND MONROE TELECOM ASSOCIATES, LLC IN ASSOCIATION WITH COMI TELECOMMUNICATIONS SERVICES Parties to the Agreement: This Letter of Engagement and Agreement is between the of (Client) and Monroe Telecom Associates, LLC, in association with Comi Telecommunications Services (Consultant) with offices at 4 Boncroft Drive, East Greenbush. New York 12061. Purpose: By execution of this agreement, retains the services of Consultant for the purpose of assisting and advising in matters related to the analysis of applications for cellular (telecommunications) tower and facilities and wireless services. is Specific Tasks: The tasks to be undertaken and accomplished by Consultant in fulfilling this Engagement and Agreement are as set forth in the accompanying proposal, such being intended to become an inseparable part of this Letter of Engagement: Performance: Consultant commits to exert good faith efforts to deliver services in as expeditious a manner as is reasonably possible, allowing for the effect of such matters as previous commitments to other clients, including the delivery of promised services and work product and previously scheduled meetings, and situations normally and traditionally deemed to be matters of a force majeure nature. Client agrees and commits to cooperate with Consultant as needed, and to provide Consultant with copies of any records, documents and other information needed for the fulfillment of this Engagement on a timely basis. Client further agrees to provide Consultant with access to appropriate officials and/or employees of Client. as may be needed in the fulfillment of the Engagement and Agreement. Moreover, both parties understand and agree that mutual accountability and responsiveness is critical to the successful completion of the project, and therefore both shall always make best faith efforts to be accountable and promptly responsive to each other. Compensation and Payment: Consultant shall invoice Client regularly, but not less frequently than monthly, for services rendered pursuani to the attached proposal. Payment in full for the amount invoiced shall be made by Client to Consultant within twenty ,20) days of the date of each invoice, unless disputed. In the ev::ni of a dispute Client shall be obligated to notif; Consultant of any dispute within ten (10) days of the dale of any invoice. • I f Client does riot notify Consultant of a dispute within ten ( 1 0 ) days O f t he date of the invoice the full amount of the invoice shall bek due and payahle. Undisputed amounts shall be separable from the balance of the invoice and the undisputed amount shall always be paid promptly. 19ia' i1' S 5i$4i7131 Monroe Telecom Atiociotel. Uc 4 Boncroft Drive East Greenbush, NY 12061 Phone: 518477 -8000 Fax: 518-477-1317 o.l.�4i Further, Consultant shall invoice Client, and Client shall reimburse consultant, for out -of- pocket expenses that are not otherwise incurred in the normal course of business and that are directly related and attributable to the fulfillment of this Engagement. Invoices for expenses shall be accompanied, where appropriate and available, with receipts for expenses incurred, including, but not limited to travel - related expenses, e.g. mileage at $0.35 per mile, on -site overnight accommodations if needed, meals while on -site or enroute, as well as thruway tolls, postage, expedited or overnight delivery service when necessary, and telephone and facsimile costs. Expenses shall be invoiced at actual cost, with no mark -up. Late payments shall incur a charge of one and one -half percent (1 1/2 %) of the amount deemed late, compounded monthly, until payment in full is made. Good faith disputes shall not incur additional charges, regardless of the party prevailing in the dispute, so long as Client promptly pays the disputed amount if Consultant is the prevailing party and the dispute is resolved with sixty (60) days of the date of the invoice. Sole Parties: The signatories below are the sole parties to this Engagement. No other party, person, entity or municipality may be added to this agreement without the express written permission of both of the signatories belova. Entered into and Agreed to this undersigned. For the of Signature: Title: Date: day of , 1997, by and between the For Monroe Telecom Associates, LLC Signature: Title: -_- Date: I TOWN OF DRYDEN ® DRYDEN, NEW YORK 65 EAST MAIN STREET. DRYDEN, NEW YORK 13053 607 - 844 -9120 ZONING & BUILDING CODE ENFORCEMENT December 29, 1997 In the Heart of the Finger Lakes Region James F. Schug, Dryden Town Supervisor Re: Revised 7/10/90 Standard Boiler- Plate Conditions Dear Jim: As you'll recall, during the 11/12/97 Town Board meeting, at the conclusion of a Board discussion concerning current and future Dryden Town Boiler Plate standards, Councilperson Grantham requested that Town Officials and I review the 7/10/94 Boiler Plate Conditions and suggest additions or deletions. At the 12/9/97 meeting, I submitted to you and the Board a possible revision. Shortly after that time, Dave Putnam submitted further suggestions. As you may recall, during the 12/9/97 Board discussion of my • submittal, Town Attorney Perkins Suggested he review my proposal and draw from the existing and proposed Boiler Plate conditions a draft that would be enforceable which would appropriately serve and protect the Town. Yo u' 11 Attorn revisi copy o 7/10/9 consid find at ey Perki on of th f Attorn 0 condit eration Revisions° t n e e i f ached a s which Standar y Perkin ons. Al or adopt copy of advises d Boiler ' s draft 1 three ion. a memo dated 12/23/97 from me that he has completed a draft Plate Conditions. Attached is a along with a copy of the current documents are for your review and No Revisions have been applied to conditions #1 — #5. Condition #6 has some minor wording changes. The words, 11usual easements ", have been substituted for the word "same ". Condition #7 has been made specific by identifying the 25 year storm event that shall be conformed to. Condition #8 remains unchanged. James F. December • Page Two Schug 1997 Conditions 9 tt 10 are new. Condition #9 specifically addresses the aspect of fees and reimbursable costs and the collection of same. Condition #10 addresses the issue of transfer of authority. In the past, this condition has been attached in addition to the Standard Boiler Plate. Question You'll note, to Site Plan Permit ti Sit current appl Attorney Per of Site Plan law has chap conditi Review. e Plan F icant. kins, wh Review ged and on #10 applie For the pas eview approva I would sugge y the Town sh Use approval? Attorney Perk s only to Sp t several ye Is have all st, you or t ould no long Apparently ins has beco eci ars bee he e , s me al Permi , all Sp n restri Board as preclude omething aware of t ec ct k t i i and not ial ed to of ransfer n State t. The only further suggestion that I have is, to incorporate the Boiler Plate approval into both the Site Plan Review and Special Permit application. • At the present, applicants are not made aware of the Boiler Plate approval conditions until they are given project approval. It would be to the advantage of both applicant and the Town to advise applicants within the application of Boiler Plate approvals. I do not know if this addition is something I can work into the application process or is it an item that requires Zoning Ordinance Attorney amendment Perkins is to desirable. incorporate. Again, direction from In conclusion, these proposed Boiler Plate approval conditions are more than adequate for enforcement of Site Plan Review and Special Permit Approvals. Very truly yours, &V N. & Henry M. Slater Zoning tt Building Code Enforcement Officer cc: Town Board Members Mahlon R. Perkins Dave Putnam, T.G. Miller Engineers R Surveyors Bambi Hollenbeck, Dryden Town Clerk • 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 December 23, 1997 Henry M. Slater, Code Enforcement Officer Town of Dryden 65 East Main Street Dryden, New York 13053 Dear Henry, TELEPHONE (607) 844 -9111 Enclosed please find a draft of the (revised) Standard Conditions. It is not possible to make site plan review approval non - transferrable. Since approval pertains to a site and the construction of facilities the approval runs with the land. If the conditions of approval are not met, then the remedy of the town is to compel performance or enjoin use of the premises and facilities. Likewise, there can be no termination clause or revocation of a special permit without notice and a hearing. I believe you already have authority to withhold the issuance of occupancy permits until all outstanding fees have been paid but we have added a new condition to make it clear to applicants. I am sending a copy of the draft (revised) Standard Conditions to Dave Putnam for his review and comment. In the meantime if you have any questions, please give me a call. Very truly yours, Mahlon R. Perkins Town of Dryden Attorney MRP /ld Enclosure pc w /enc: James F. Schug, Supervisor T.G. Miller, P.C. Attn: David Putnam Town of Dryden Standard Conditions of Approval Adopted by the Town Board These following Standard Conditions of Approval shall apply to the project. Applicant: Project: Board Action Date: Site. 1. The Environmental Assessment Form prepared in connection with the project is approved and accepted based upon the finding that the project will have no adverse •environmental impact. A negative declaration is to be filed. 2. The project shall be constructed according to the plans submitted by the applicant and approved and filed with the Town of Dryden. 3. That the project during and following construction shall comply with all applicable Town, County, State and Federal laws, statutes, codes, ordinances, approvals and rules and regulations. 4. That the project during construction and upon completion shall not constitute a public or private nuisance. 5. That when municipal water or municipal sewer is available to the site the applicant shall connect to the same upon notice to do so from the Town. 6. That should the Town require easements for municipal water lines or sewer lines and necessary appurtenances in connection with the construction of a municipal water system or sewer system that the applicant, its successors and assigns, grant the usual easements to the Town without requiring compensation. 7. That the rate of discharge of surface water from the site based upon a 25 year 24 hour storm not be increased during or following construction and that measures be taken by the applicant to insure such control of the discharge of water. Any drainage improvements constructed by the applicant to comply with this condition shall be maintained by the applicant. 8. That if a buffer is required to be planted it shall be maintained by the applicant. 90 No permits shall be issued until all fees are paid by the applicant and no certificate of occupancy shall be issued until all reimbursable costs are paid by the applicant. 100 Special Permits are valid to named applicant only and cannot be transferred. . . TOWN OF DRYDEN ® DRYDEN, NEW FORK 65 EAST MAIN STREET, DRYDEN, NEW YORK 13053 607 -844 -9120 In the Head of the Finger Lakes Region Town of ,Dryden Standard, boiler Plate Approval Adopted July 10th, 1990 by the Town Board, Resolution 0178. These Environmental project during and following construction shall comply with Form prepared in connection County, standard with approval conditions SHALL APPLY to the attached Project is approved and regulations. and accepted as necessary. fact that the project will have Applicant; Action: Site: 1. oard Action Date The Environmental project during and Assessment construction shall comply with Form prepared in connection County, State with the project approvals is approved and regulations. and accepted based i_tpon the fact that the project will have no adverse when environmental impact. A negative water declaration municipal is sewer to be filed. to the site the applicant shall connect to the same The project shall be constructed according to the plans submitted by the applicant and approved and filed with the Town of Dryden. A. That the project during and following construction shall comply with all applicable Town, County, State and F=ederal laws, statutes, codes, ordinances, shall not approvals and rules a and regulations. 'That the project a buffer during construction the standard applicant. and upon completion to public shall not constitute a public or private nuisance. b. That when municipal water or municipal sewer is available to the site the applicant shall connect to the same upon notice to do so from the Town. 60 That should the Town regUire easements for municipal water lines Or sewer lines and necessary appurtenances in connection with the construction of a mUnicipal water system or sewer system that the applicant, its successors and assigns, grant the same to the Town without the necessity for compensation. 7. That the rate of discharge of surface water from the site not be increased dLWing or following construction and that measures be taken by the applicant to insure such control of the discharge of water. Any drainage improvements constructed by the applicant to comply with this condition shall be maintained by the applicant. a. 0 That if a buffer is required to be planted then it shall be maintained by the standard applicant. 1 male At a Public Hearing held Approved the above application well those attached. By this decision and make it available cc: Applicant Town Clerk __The Dryden Town. based upon these standard document, 1 male a record to public a BY: conditions as of that 9U1 11actu15, VV I1CCI LI(1G, I�ICaC1 K,ANSMISSI0N 56 ^PTO HP and s described- "below. PRICE ADDITIONAL OPTIONS: • E. Front End Loader F. R.O.P.S. Cab w /Air Conditioning G. 5' Cutter Bar Mower Tires and rims other than the specified 3 each Industrial R4 grade: 14 "each' SZ,_97- 10 each $ 31201.00 10 each $ 31430.00 3 each 5 each $ 61483.00 $ 60000.00 Year, Make & Model.of For 14.9x24 -6PR Agricultural Type: For 16.9x24 -6PR R3 Turf Type: 6a$e 4wjD br- 3q .L->-D AZe, 139. DZ) Price Additional glee � 105Aa// Val"l y Per Set 1 Not Available �l}rc�ICZS riTt�1�2� 0(1 !i Not Available Year, Make & Model of Tractor: 1997%98 New Holland 4.8.35 Tire; Front & Rear: 7.50x16 Front 16.9x30 Rear Make & Model Number of Diesel Engine: New Holland 8000 Series Engine Net HP & Displacement: 59 HP 220 CID (C�•��% PTO HP: 56 HP PTO HP @ 540 RPM: 55 HP Transmission Speed Ranges: 12 Forward 4 Reverse Make, Model Number of Loader: New Holland 7310 2685# capacity Make, Model Number of R.O.P.S. Cab: New Holland OEM Make & Model Number of Cutter Bar Mower: Alamo /Triump 8500 Delivery: 120 Days a /r /o CONTRACTOR, ITEM 8: NEW HOLLAND NORTH AMERICA, INC. Estimated Unit Item 9 Quantity Price TRACTOR, UTILITY, (LCG) TYPE (2 WD) MANUAL TRANSMISSION, shall be the same as Item 7 EXCEPT as noted below and with "low- center -of- gravity" tires /mounted. 6 each $16,045.00 PRICE ADDITIONAL OPTIONS: F. R.O.P.S, Cab 3 each $ 31200.00 G. 5' Cutter Bar Mower 3 each $ 60000.00 Year, Make & Model.of Tractor: 1997 New Holland 9630 Tire; Front & Rear: 9.00x10 Front 18.4x16.1 Rear Make & Model Number of Diesel Engine: New Holland 201 PTO HP: 55 HP Engine Net HP & Displacement: 60 HP 201 CID PTO HP @ 540 RPM: 55 HP Transmission Speed Ranges: 8 Forward 2 Reverse Make, Model Number of R.O.P.S. Cab: Sims as ROPS Make & Model Number of Cutter Bar Mower: Triumph 8500 Delivery: 120 Days a /r /o , CONTRACTOR, ITEM 9: NIAGARA FORD NEW HOLLAND, INC. Item l0A TRACTOR, FARM (2 WD) MANUAL TRANSMISSION, FOUR (4) WHEEL, 0 RUBBER TIRED 76 PTO - HP and as described below. 12 each $21,019.00 ul 17 1N198 6:40 AM , L7 Pickup Trucks, 1998 Model Year AM /FM Stereo - Color Keyed Rubber Floor Mat 1.31.5" Wheel Base - Rear Step Bumper Maintenance Free, 600 CCA Battery - Dual Break -Away i rrors 100 Amp Alternator - Power Steering hip: N% vmv. o8s. state. ny.usipulcuasysNyawaluss 11 /L1a.111111 (5) LT245/75R16E All Terrain Tires - Pass Lock Theft Deterrent System (5) 16" Steel Wheels - Power Brakes w/4 -Wheel ABS - 3.73 Axle Ratio - Engine Oil Cooler - HD Auxiliary Transmission Oil Cooler - 36 Month /36,000 Mile Warranty AVAILABLE OPTIONS Pkg. description) (To include mfr's prep pkg. VYU & TP2) Winch Option Pkg. (See Winch Descriptions) $ 872.00 K47 High Capacity Air Cleaner $ 22.50 BZY Bed Liner $ 202.50 V10 Cold Climate Package $ 29970 ZQ3 Tilt Steering & Speed Control $ 346.50 UM6 Stereo Cassette $ 132.30 TP2 Auxiliary Battery $ 120.60 NZZ Skid Plate Package $ 85.50 Z82 HD Trailering Pkg. $ 147.60 A28 Rear Sliding Window $ 103.50 AU3 Power Door Locks $ 140.40 C60 Air Conditioning $ 724.50 R9A Comfort & Convenience Pkg. (air . conditioning, cassette, tilt wheel & $1,203.30 Discount from MSRP, for options not listed 102 CONTRACTOR: Ro Cortese SB PO Box 8 Rock Hill, NY 914 - 794 -0300 FAX #: 914 -7 FEDERAL ID #: be_r_t G.re.en_Truck_D.ivi.s.i.on CON` 002 12775 PHONE 0: 800- 598 -8782 94 -0295 141504690 CONTRACT #: P052682 CREDIT IF VEHICLE IS PICKED UP: $50.00 DELIVERY: 120 Days A /R /O Line Item 18 (1 Ton): CHEVROLET C/K 3500, C30943 PRICE: $19,694.35 speed control) VEHICLE TYPE: FULL SIZE PICKUP TRUCK, 6 PERSON CREW CAB, SGL, REAR WHEELS, 4X2 tJ�=- Sna vtaxe Il9glv0o `1 1 of ? 1/9/98 6:34 AM .<r Item Estimated Unit No, Item Quantity Price 2: 13" Capacity, Gasoline Engine Powered Wood and Brush Chipper, Trailer Mounted as described below. 10 $13,931.00 Make & Model of Chipper: Selsio Model 813 Length of Chipping Unit: 171" Transport Height of Unit: 93" Chipper Feed Rate: 0 -120 F.P.M. Chipping Disc Size: 40 Dia. 2" Thickness Make and Model of Engine: Ford CSG -649 Engine C.I.D. and Horsepower: 300 C.I.D. 124 HP Delivery: 45 Days A /R /O ,CONT.RACTOR— ITEMS- 2— ROBERTS -EQUI PMENT,7 Item Estimated No. Item Quantity 3. 1,2 "_C ap a c i.t.y_,_.D.i.e.s.e l_E ng i n e Powered Wood and Brush Chipper, Trailer Mounted as described below. 20 Make & Model of Chipper: Length of Chipping Unit: .Transport Height of Unit: Chipper Feed Rate: Chipping Disc Size: Make and Model of Engine: Engine C.I.D. and Horsepower: Delivery: OPTIONS Auto:fe.ed %Speed S:ens:ng_Sys-tem-: Hydraulic_L,i-ft C- y,l.inder.- Electric Brakes with Breakaway Hydraulic Surge Brakes: Lockable Vandalproof Covers: Unit Price $14.,_3_7_7_.0 0 Model 200+ Brush Bandit Chipper 14'6" 8 feet 120 F.P.M. 40" Dia. 2" Thickness Perkins Model 4.236 236 C.I.D. 81- HP 45 Days A /R /O Activation: F5.0.0 .7. 755.._0 0 $265.00 $578.00 $128.00 CONTRACTOR, ITEM 3: BANDIT INDUSTRIES, INC. 4. 18" Capacity, Diesel Engine Powered Wood and Brush Chipper, Trailer Mounted as described below. 5 Make & Model of Chipper: Length of Chipping Unit: Transport Height of Unit: Chipper Feed Rate: Chipping Disc Size: Make and Model of Engine: Engine C.I.D. and Horsepower: 3 17 UZ� $20,277.00 Model 280 Brush Bandit Chipper 16 feet 9 feet 120 F.P.M. 55" Dia. 1" Thickness with 2" thick steel backer bar Perkins Model 4.236 236 C.I.D. 81 HP .�u 1/9/98 6:45 AN4 ;i, We, the undersigned, petition the Dryden Town Board. to change the name of the old North George Road (now called Herman Road) to Marquis Road. The Marquis family have lived in Freeville for generations, been successful farmers, contributing residents, and have always paid taxes on the land bordering this road. Name Address eA Y ' X 100 bo S^ 4��* e-e..i e fr e e 1p . ( � Po /'a 130Y 132. Ei�� A) q - a We, the undersigned, petition the Dryden Town Board to change the name of the old North George Road (now called Herman Road) to Marquis Road. The Marquis family have lived in Freeville for generations, been successful farmers, contributing residents, and have always paid taxes on the land bordering this road. ,.1___ _ Address Y XJJI.O � ./� JV Zaz�Af/xiw/ �" = ?Cj I(y I Mhim P. W --P1w•Cd Co V . Y We, the undersigned, petition the Dryden Town Board to change the name of the old ,North George Road (now called Herman Road) to Marquis Road. The Marquis family have lived in Freeville for generations, been successful farmers, contributing residents, and have always paid taxes on the land bordering this road. Name Address U -u/T -OL U, Al /i i'l/1 + - +YcP /o t LP I n 7? w qi,. j q j fd re,e U I / It, r red /rewll We, the undersigned, petition the Dryden Town Board to change the name of the old ?North George Road (now called Herman Road) to Marquis Road. The,Marquis family have lived in Freeville for generations, been successful farmers, contributing residents, and have always paid taxes on the land bordering this road. Ir i; �J 0'.. Address - v^ WO .30 0 / /f. IL(L sr 4/50 LvC)o o ;11 MWA rI J We, the undersigned, petition the Dryden Town Board to change the name of the old North George Road (now called Herman Road) to Marquis Road. The Marquis family have lived in Freeville for generations, been successful farmers, contributing residents, and have always paid taxes on the land bordering thisq.road. • Name Address • MISSION , 9 r vr3 O fS�S 10o4� V 1 We, the undersigned, petition the Dryden Town Board to change the name of the old North George Road (now called Herman Road) to Marquis Road. The Marquis family have lived in Freeville for generations, been successful farmers, contributing residents, and have always paid taxes on the land bordering this road. Name Address 3US 3� t 7�enoo ale wk 06 r 4� . V TOMPKINS COUNTY FIRE & EMS SERVICE John L. Miller, County Coordinator 72 Brown Road Ithaca, N.Y. 14850, RECEIVEd 07- 257 -3888 DEC 2 -'; 1997 ;w DRYDEN � ',l' ` `w _:IrHRVISOR James F. Schug, Supervisor Town of Dryden 65 East Main Street Dryden, New York 13053 -9505 Dear Supervisor Schug, December 2!1997 /EaGe " G� I have checked the 911 Data Bank and MSAG and find no conflict with the Town of Dryden using "Marquis Road" JLM:cs To. �xl From: r� Return El Keep or Toss ❑ Post -itO 7668 03M 1993 I - q- 9;7 to 4 Recycled paper Sincerely, U_ John L. Miller, Coordinator • TOWN OF DRYDEN OFFICE OF THE SUPERVISOR 65 EAST MAIN STREET DRYDEN, NEW YORK 13053 -9505 FAX 607 -844- 9599 EaMAIL drydent a_ lightlink.com TEL 607- 844 -8619 December 19,1997 Mr. Jack Miller, Coordinator Tompkins County Fire & EMS Service 72 Brown Road Ithaca, NY 14850 Dear Jack: Would the name Marquis Road be available to use as a road name in the Town of Dryden? Please check your 911 files and let us know in writing as soon as possible. Sincerely; ,.: -� A ;4 KC � c James F. Schug Supervisor /m cc: Town Board Susan E. H. Hollern 76 Annee Road PO Box 46 Freeville, NY 13068 -0046 607.844.9278 December 15, 1997 Mr. James Schug Supervisor The Town of Dryden P O Box Dryden, NY 13053 Dear Mr. Schug: RECEIVED" F. DEC 16 1997 VIAWIM ' It's been a few months since you had promised to call me back regarding the reasons why North George Road was named Herman Road. Since you've "forgotten" to return my call, I thought I'd take the opportunity to write to you. In my initial telephone conversation with you, I had asked why North George Road wasn't re -named after the Marquis family, who have been citizens of our community for years. Instead, someone made a gross judgment in error and named the road after Brad Herman, who has been in the community less than five years and pays no personal property or school taxes in the area. Through my research, I discovered that the name change was pushed through the Town Board meeting without really much discussion or forethought given. Your ending conversation to me was that you weren't sure how that name change came through and that you'd let me know. Hopefully, this piece of information will help you recall what really happened at that meeting. My assumption was the George Roads were named for the George Family, who founded The George Junior Republic. Had the Town Board wanted to name North George Road after a George Junior Republic person, they could 'nave certainly named the road after Donald T. Urquhart (Executive Director of 50 years), or Arnold "Pop" Grace (Plant Superintendent for 48 years). These two dedicated and respected people built The George Junior Republic —not Brad Herman. It would certainly appear to the community residents that it's more important for the town officials to name a road after someone who has been here less than five years, made no contribution to the local community, or paid any taxes, but is a politician — than to name the road after respected community residents who have been here for generations, made many contributions to the local community, and paid taxes on the land bordering the road for years! For your information, I have enclosed a copy of an article that appeared in the Ithaca Journal —Arts & Leisure section about the Marquis family. It's a fine article written by Rachel Dickinson. I hope you truly and sincerely take the time to read Page 2 Mr. Jim Schug the article about this fine family. Hopefully, you will take into consideration that the Marquis family have been in our area for generations and that naming the road after them would only `enhance their fine and respected reputation. Speaking of reputations, I'm also enclosing a copy of an article about Brad Herman that appeared in a Buffalo newspaper and why he was asked to leave Baker Hall. Perhaps you can justify to the community why he deserves to have a road named after him. Is that the criteria the Town Board uses to name roads? I truly believe that if the general public knew why a road was named after Brad Herman, they'd probably think twice about the people sitting on the Town Board and their odd decision - making processes. In the meantime, I am going to look into what procedure needs to take place to have the road name changed to Marquis Road. Once I get this information, I'll let you know what needs to be done. I figured you've been so busy that you haven't been able to get back to me with the information I requested, so I'll do the research and get the information for you. Any taxpayer would assume decisions made on the Town Board level would be decisions made for the benefit of all taxpayers rather than one, non - taxpaying individual. Enclosures cc: Mr. Mn Mr. Mr, Ron Beck ;. Arnold Grace ueb viarlt�ui Charlie Hatfield Tom Hatfield Mr. Kerm Marquis Mrs. Donald T. Urquhart Sincerely, Susan E. H. Hkjlx� L It :� �4.• , .,, "d., .'r.E '.i,f flwitil %.�'��lY•• I.,'444'"',�� `... �•,., n.: . ,. ;� , oop , : ,; S -41 ii'e: Rti,;i �, i. ',; .1... •4.•':,;.,..ro, Rom or, 1Y u/, j •`.;;,p . .,t F.� .q.. "'aJi^'" '�.; .'I to 1' '1.•:`lii'jt . Nov. ,,i�'':,,w,�?t:.; ,. H'ea:�'a,�li�arit -o go ale` tied 'No: t: +hear losses. No B L BEEBE r. ett`s:StAf1 RVrtetsijr: :. 00: �:`9Vtoo.:; ;.; •.'.;,....;:1 :.,::s'. J.' Brad `errrt in. introduct d >hundreds estcrrl . �(ew.::Yorkers� to`° ihd- ?.heady world; +,of -Arabian. horse ol brSedi ig ;. ;ain> investment .opportunity. that 'drew 'Holly= :wood :$tai's -and internatioiial.,financieis.:to a sprawling Loridorj,'Onto, estate callgd'Stonehr "dge;ti;•,..,,�: *. ON. :.. , i".1Ic;i�a +I Jerrri n.wQuld• invttc;, friends; '.cm + " : Ipjtces' an:d�: those he `'did ;busiiic;cs :,wltli I tQ_h 412 rm ,in • East• Auroral;for,,a:' ales •.pitc>S'by: °Stone rt &e'• owner. m r o es;:..: t, , 0. , :'?:, �vInv0ttgis; bou &ht`�sha.�e;Ndf,;;. lest-.. ,• , • 4,.,.. ,. ,•. ': �shipsi,(orl $S;AQ,O�t'a�,dal.h5'.'�UCkies .•gQt', a?, trip jo;`750„' nacre :,Stopebridgcau:where,;ffie}? ttiingted.,vylth:;thc'.:likes r' of; lactorsa; 5tefaniey 'Powers':agd'•:William,; D.evane, in. a' ' 'sp'iead�; feat ffe& on';TV's'.. Ufesryles: of. the Rich and F1.. , amous;..: y; ....rs; :±; ' ,-•'0,. nQ ,lottger, rje h;. ran d :'the famous:'no' : . ON :}� o, gerti't orrito�.Storiebridge:' he;,invest mpnt: :has. gon000r� e, ON Q. Fsour" Olen ts.,i?,ankruPtj . a . local:. investors Herman: solicited ;:have':.lost:�hu•ndreds•;* ' ,thousands `of dollars. % o ;' Ahd •I•l'er an" �1s 0st liis.; ob . "as ,executive direc(or Ioft•WckaN na s, akq; a d,.Our Lady�9f,�(acto,ry Inf nt`Hom y %r; r.:rl.,::,. �; to m t�{fesi tlaSf,month';uftcr -the r✓ath4lic: y ,. ,`•DiocesC ,q ;; Began' investigating '.•''his;'conriections : toI ' horse- bt'eeditig .tnve firients: is °�;' :'; ; '.•�:,,•, ' "; '` I�P� `dioc. "seilearntd''tti�t'}ie; htid involved' a .n'um= be;oF;tem �' frgm: thkc';hotite "and sonic other' N000 • ..t,.. J'�eQ 1 - w o,t iad'�dealinnCs wttti the {,Mle ..:as. investors' . pp, 1.. .- V..`. -.—,T -�... Lithe, 'orse..vent�re' smell. one= .source.;close: ,to: the:'.diocese:;;NO °: , , .: *. But f ' ` ds'iof ) [erman *,$ is. described . as a. suc= ccssful: yr5c;;ovyfier.whose,,hy see liuve':,wun ribbons its. ;loyal „a4 ,,�►!?,?�;,cQ?et °,ttsi,'suY,l 7' �°��;�x' eY;VS YY��dloeesart cQncrrnar „over•;,po.sst o u, I ,force 51leavin��nnd; akcr;'Eiull'has lost a” dedicate .visionary;w o.helppd•, thousands of fypun6 =, slers:- inrhis'.23 years .at'the'institution,'..,' xB.aker' Ha�fi"nns numerbu� •educational:•'and, coun seling',progranjs : for: :troubleb:':youths Nandi ihc:'financial; �ly?disa�vanta ed:..0ur; I:a,, .t..of. Victory;:lnfant 'Home $ ......, ... , . ;provides�i:,, . wide: range.:of,% lkice$''for,'.tnfants young. .•• child'ren*�;`atid 'un !ed f tpotheFs t:' i` ; Ye”! pp�cYSOnaI opinion' II-- ` `Ehnt;: 'the diocese . is��'v�eet _ ;'touch about: this : :'. ole';t}►ing;,'.,said`,a friend . of7Fer = =—rr�; . man's.!wlio:. osf ?severalt.thio lollars'in' 8. the' invest= "E'vtn though_�itwas - 167itimatc husincss 'they.dop't want' an :. ui o • ric vc Publicity, or any- thing'.,that;;theio,P ►c. rntght ..elaio,:to•' t Vie,. ithonyj <; Fran�Qi;r% :�$ituatlpD,'•'..t e' businessman, said:' ' ] ?iaiijgine :is'- the''forme'ri;diocesan "corrtptroller'nnw serving" a prison . -te'rm 1. for• mehling -silo . million •,in church: funds: ' ,N..•.. "s; ., .. -: '14..;.1•...::.140 .',.. �.,.•. • ' :'';It is-true ' that Mr„ "Herman rbsigneo' *from'.his job on 'Au 27, ": said.;•.Tcr ei>,de, -X: Connors,, :an attorney for ', l ece':.;`:B,.ut 'side%lfi`omv�tha01'4e` won r�, be "saying inu�h;?'As" for.4thelsrowQ IAr. lilts• rest nation, those? should'`• be' discusscd`•airect.�;�witli .h]r.. Herman: ". No t ilCiiilnn, wi13 hc3dsd' 3'st::ff, of "71) !:ninlovees at Baker `Hall ;t�0ur•Lady :.of. Victoiy Infant Homc, saidJuiaefc�hs Job..t'or 4jh, :numticr.:oF reasons -- rtur- U }•e /.,n',Jtf'.:Yw1,�I, ,,!�.Ir:'a!1')i•:. ;, ... .. �. ;.'," Silr Horses Pdgc B7: , Not .' , This listing spotlights upcoming events it which tickets have Just bs+ Itsble, as Weil as pie" err hlblfs that open this WIN IIIIVULIE JOHNSON' — A play that rhrrn'ir Ilw wails in tfw, Ion of a Al mnlher jr, : . ^-M. P (C,lrNK from an :Itq I -..r r, ni"Rnai In all i I :111', heal I fit }1 . , ;.nh .It q,lluv �•;rnnar, 1,'L `n'. „ d• I.Ut!,..�.•rlll•nI11,•.Ip�•1'�, In;k ■ STATE OF THE ART GALLERY — .. ':I1 ::.t ,..,1,1.1,,.. I111 u•. 0 1 c„ ,...,n.l,lnti it ..`.f,,.Inl „ „,,,,,.,I I I1;'I• Member Group Show Puzzles!( Delights Dec. 4 -213 191 ^11 ,1 „ l , .• of a,• ,n Dec. 5 I.n 1, n l I�CKICh AyAilAt1U, ■'A CHRISTMAS SUITE' — A (olll 1K,n of Cr,r1[Imas ,lobes. lyxv ns arld rrvr4c: Robert Moss. reader. Robed WeiricJh. pianist: Jane( Brown. soprano: Robert All tenor: Saturday, Dec. 13; Skaneateles Festival: Hobbiff Hollow Farm. 3061 West Lake Road. 9aneatelm 7-10 p.m.: $35: tickets: (315) 685.7416. •'ANNIE — Starring Nell Cater. Dec. 16121: The Auditorium Centel. Rochester Dec. 16-18; 7:30 p.m.; Dec. 19 8 p.m.: Dec. 20:2 d 8 p.m.; Dec. 21; 2 d 7 p.m.; Tickets; MM 722 -3939. •'BLUES, SOUND A SPIRIT FOR THE HOLIDAYS' — Book prey =ere aid eiterelg of etenatrrrnert lealukhg M1d,�” Berry & Friends: Wavers All Yhanton lhhivC+sly Fshe Ar4 werfhes0ay, -9 p.m., $15.50 pehLral pxbfc; $12.50lax1y. staff & senior citi ; $8.50 sAdat3: Anderson Cater Bak Ofl1ce: (607) MARTS. ■'A DOCKERS OF A CHRISTMAT — Sam City Cana for the Perform ng Are. 601 S. Crouse Ave.. Syracuse; Nov. 2S, 29, Dec. S, 1111, 129 13,19, A 20; 8:15 p.m.; Nov. 30, Dec. 7,14 A 21; 2 p.m.: Dos e: 2 p.m.; box otbce: (315) 4744,332. .. ............................... LaAST w'AwwC`I CL 71rts Ifft spotlights art gallery Shows museum exhfWts, movies and plays that are closing this week a�uZ. ■'YEAR OF THE HORSE' closes tonight at Fall Creek Pictures; info: 2721256. ■ 'MAD CrTY' closes tonight at Hol 1P. irto: 26G0717. ■ 'THE LITTLE MERMAID' closes Sunday at Halts 10: info: 266-0717. ■ 'ONE NIGHT STAND' closes tonight at Hoyts 4: into: 215#'r0717. ■ SEVEN YEARS IN TIBET closes III lgle at Hl 4; into: 266-0717. [IRD 1 RICK WOODLAND .es Saturday at American rm Art Gallen/. ELEBRATINO-A MELLOW SON' SHOW closes Saturday at Heron (:gallery. HE HEAD, THE ROSE, THE AND OTHER WORKS BY MERRICK' closes Saturday at '31rae of the An GaAay. s no By RACHEL DICKINSON Special to The Juunial . ITS cold — hiller cold — and :dl we can heat is the crunch. crunt'h. crunch o1,11lc ht,r.c%' Iccl as Ihry hol shill! dlc snowNp Will in the hvnnd�. II'� Pvilil;hl. Snnhrnnc �larl� h, .inp: "III \I hc:1r Ihosc .Icil;h hcll� jinr.lc ._ ('only on. 11 s Incch vcalhcr Inca slcieh rifle lol!clhcr cilh eon.” We ;dl I:mL'h Ill;III%v if hrn n 111f IPh 1. I rcchrook l :uln Ill jncl on the ctll_c of I rcreillc a� von head Inw :lyd Kid .r :ul. I N(.1vonc who dlivcs the Mll.l'7111 R(W ;lit knows the place hccausc of the dorm r,r sn lidpi;ln hones Ilia( ll in the pasimc with the mcandcring slicoin and the woodcn railroad trestle. Many dri- vers have been momentarily distract- ed as they come upon These huge horses gamhhling in one of the most pastoral scttinls this side of England. The Marquis (that's—pronounced MAR -KWISS to you nonnatill family has owned this spread of sev- eral hundred acres since the 1910x. And for the past I I years, Kerm Marquis has been in .the horse - drawn carriage business. . "Dad got his first draft horses in the mid - 1970x," says Karen Lee Marquis - Estes. Today, Karen Lee, her husband Ken, and her brother - in -law, Todd Tankate, help out Kerm with the carriage business — which has mushroomed into a big business. So big, in fact, that Kenn sold off the registered Holstein last year to concentrate on the registered Belgians. "We've done weddings, anniver- saries, proposals, proms, and two funerals," says Karen Lee. "I'm still waiting to do a baptism." The Marquises have 13 Belgians, out of which there are several matched teams that they use to pull one of the dozen or so wagons, car- riages, surreys, cutters, or sleighs. And these horses are beautiful. Most arc blond with blazes down their noses or stars on their foreheads, but a couple are almost red in color. And these horses are big. Really big. Arts &leisure, 2 w F Thursday, November 27, 1997 ,.. all • o • RACHEL DICKINSON(Special to The Journal TAIONG A BREAK Karen Lee Marquis -Estes with Joy at Freebmok Farm in Freelnlle. The farm offers wagon and sleigh rides through the winter. "We get our horses trained by a Mennonite who lives over by Penn Yan. The horses have to be quiet and we have to he able to trust them around children," says Karen Lee. The Marquises do a number of parades around the state each year —in fact, they are the designated horse team for Wegman's. You're likely to see-these horses in the Ithaca area — they pull the wagon around The Commons during the holiday season, and I last saw them at the Cornell Plantations' daylong celebration. During the winter months, if there is snow, you can book a sleigh ride at the farm. Kerm or Karen Lcc will take you on an hour -long ride III At-&L RD n. �..•�Tr'�tlw4tlT!r!�{tlttlwP±': .. �4.7.'!{' EDITOR: Joe Wilensky, 274 -9262 T!1!"�_`!:.'�` :.zt : �•"! w^., v,:. .`�,.e�"!T�I�tEfT�!:+^'T.1r!l.! through their fields and wood lot. The first time my family took the sleigh ride, l imagined myself as Julie Christy in "Dr. Zhivago," and hummed "Lara's Theme" as walked to the farm, It was bmathtak- ingly beautiful and all the landscape lacked was a winter palace. But if you don't bundle up, and I mean teally bundle up; you will end up like me, where the Julie Christy image quickly faded, to be replaced by a much less glamorous image of someone simply trudging across the tundra. BrTmr. The sleigh ride ends at ,the.. Marquis bam that holds the' horse- drawn vehicles where you can drink hot chocolate and coffee while you FILM: Movic reviews .......:............5.8 FOOD & DRINK: Dining, wineries .9.10 GALLERIES: Art & museums .......1 0.11 �► DEADLINES ° j MUSIC: From classical toroill ..... 1145 �. ■ Best Bets, photos and articles — Make suggestions as early as possible, 10 days ahead of publi- cation at a minimum. Call 274- 9262. T; r ■ Llstingss,;<r,'h{ou rFridayto'r.;theuc following week's As & Leisure, ...t1 10 1•, _ ... ., . OUTDOORS: Nature's best ............15.16 PASTIMES: Hobbies & sales .........16.17 M "? ; . S ;' TAGE: Plays, opera & dance ........1 T -18 TRAVEL ,... Exotic escapes . k �� :. kr. WORDS. Book reviews & readmgc ...1119 f, P YOUTH@ ETpecially for Iddt ....................19 thaw out neld to the wolMstae. It's a terrific thing to do over the holi- days and if there is no snow, they will take you on a wagon ride through the countryside. But call now, because they are quickly getting booked up. El 9 it. 1 ■ Cover photo of Karen Lee Marquis -Estes with horse Joy at Freebrook Farm in Freeville by RACHEL DICK- INSON/ Special to The Journal ■ Photo of 'The Rose,' by Tim Merrick provided by Tim Merrick ■ Ric Ocdsek photo by PAULINA PORIZKOVA/Sany Music ■ Trolley photo, Park City, Utah, by DONNAS. BLOOM/Special to The Journal t:. m