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HomeMy WebLinkAbout2001-04-04TB 4-4 -01 TOWN OF DRYDEN TOWN BOARD MEETING April 4, 2001 Board Members Present: Supv Mark Varvayanis, Cl Thomas Hatfield, Cl C Hatfield, Cl Deborah Grantham Absent: Cl Ronald Beck Other Elected Officials: Bambi L. Hollenbeck, Town Clerk Other Town Staff: Mahlon R. Perkins, Town Attorney Henry Slater, Zoning Officer David Putnam (TG Millers), Town Engineer PUBLIC HEARING ON PROPOSED ZONING AMENDMENTS FOR BILLBOARDS Supv Varvayanis opened the public hearing at 7:05 p.m. and Town Clerk read the notice of public hearing published in The Ithaca Journal. Supv Varvayanis asked whether there were any comments from the public. ® John Reid, Park Outdoor Advertising - I think over the past meetings we've pretty much come to the point where we agreed on quite a few things. There are a couple of things that we thought might be a little out of place. Probably the biggest thing is the half mile spacing. It's really excessive when you compare it to what the State requires and what most municipalities require. Five hundred feet is the state requirement, which is what we used on the signs that we applied for. We would like to see the half mile spacing come down. It is really prohibitive. Also, we would like to have the MAA Zone included. That happens to be the zone where we applied for our one permit. By not including the MAA Zone, which I believe is probably more permissive than MA would be, you are automatically throwing out one of our locations. It's also in the corridor with the MA Zone. There's one little spot in there that's MAA. In that particular MAA Zone where we did apply for a permit, right beside where we applied, there is a motor cycle shop and right behind is a lumber company. It's not like it's in the middle of a field and out of place; it would fit in with the businesses there. After discussion the Board decided to pass the amendments proposed and introduce r another amendment to include the MAA Zone. J Reid -Could you do anything about the spacing requirement? Supv Varvayanis - I don't know that there's any interest to do anything about that. J Reid - '.Chink about how far a half a mile is, it's a long way. r_.. Supv Varvayanis - But look at it the other way. Five or six seconds is what it takes to read one sign, so if you have them every 500 feet, that's 100% of the time you're reading signs and you'll never bother looking at the road. Every 2,500 feet at least you're looking at the road 80% of the time. Page I of 9 TB 4-4 -01 J Reid - Well, how about something that's more reasonable? Maybe 750 feet or something instead of 2,500 feet? (No response from board members) Supv Varvayanis - I guess well leave the hearing open in case anyone else has any comments. Supv Varvayanis explained that the Ithaca Produce matter would not be heard because they wanted more time to work on their it backwards. plan. Supv Varvayanis asked John Heintz of the Cornell Ornithology Lab to address the board, and Cl Grantham recused herself from the matter. John Heinty - I'm from Alexandria, Vi aria, working with the Cornell University Lab of Ornithology project. We wanted to speak with you tonight about the road relocation and the abandonment of a section of Sapsucker Woods Road and the corresponding relocation and new layout. I think the last time that we spoke to the Board was late January and at: that time we came away from the meeting with what we understood to be a general agreement with the layout as proposed at that meeting. Since that meeting we have received approvals from the Village of Lansing for a special permit. We received a negative declaration with regard to the SEQ.R process. We have received a wetlands permit for construction from the New York State Department of Environmental Conservation along with a water quality certification permit. At the request of the 'Town of Dryden we petitioned the Village of Lansing to accept dedication of a relocated Brown Road Extension, which was approved on April 2nd, On April 3rd, last night, we received approval for a variance for one of the parking lots as part of this new layout design that we have, which allows for a variance from the 15' set back requirement to the 7' /a' proposed in the layout which you have. Tonight I guess what we're seeking is your approval of the layout as shown on the drawing and we are making a request for a public hearing for the abandonment of the road and its subsequent relocation. . Supv Varvayanis - If all we're talking about is the realignment of the public road, do we need to have a public hearing? Atty Perkins - There are no approvals they need from you Henry? ZO Slater - No from the road standpoint. All the construction except for one building is in the Village of Lansing. Arty Perkins - I don't recall whether %ve do or not Mark. You could schedule one if you are so inclined, subject to the determination it was necessary. I didn't come prepared to talk about it. It may not be necessary because it may just take action on behalf of Jack. Supv Varvayanis - Do we want to give this an approval and set a public hearing for May 2nd at 7:00 p.m., if necessary? C1 T Hatfield - Can we adopt a resolution approving the request, subject to a public hearing? That seems like we're doing it backwards. Atty Perkins - It seems to me either you have to have a public hearing and there's some action that can be taken then, or else they don't need any approvals at all other than the road. Supv Varvayanis - Well, we don't need a formal resolution, but can be just get a sense of the board. This is what we've talked about. Is it okay with you? Board is in agreement. 4 Rage 2 of 9 TB 44 -01 Supv Varvayanis - Okay, so if you don't need a formal approval, you're done. Henry xvill ® be in contact with you. J Heintz - Okay, thank you very much. Supv Varvayanis asked if there were any other comments on the proposed zoning amendments regarding billboards. J Reid - I would again make a request that the half mile spacing be reduced maybe down to 1,000 feet. 2,600 feet is a long ways. At 7:22 p.m. Supv Varvayanis closed the public hearing and opened the board meeting. Supv Varvayanis asked if there was any discussion regarding the proposed amendments and there was not. RESOLUTION # 110 - ADOPT AMENDMENTS TO ZONING ORDINANCE REGARDING BILLBOARDS Cl Grantham offered the following resolution and asked for its adoption: RESOLVED, that this Town Board hereby amends the Town of Dryden Zoning Ordinance as follows: AMENDMENT 1 ® Appendix A of the Town of Dryden Zoning Ordinance (Definitions) is to be amended by adding the following definition: 4BILLBOARD FACE. That surface or side of an outdoor advertising billboard on which advertising for goods, services or places is displayed, and including both the surface on which advertising is placed, and any surrounding frame and decorative trim." AMENDMENT 2 Section 1502(9) of Article XV of the Zoning Ordinance is to be amended to read as follows: "Billboards shall be allowed by special permit within the M -A District. In no case shall: (a) any billboard face exceed 160 square feet in area; (b) there be anymore than two billboard faces on any one structure, whether said faces be back to back, side by side or one on top of the other; (c) any billboard structure be located nearer than one -half mile from another billboard structure, or nearer than 500 feet from the boundary of an R -B, R -B- l., R -C or R=D zoning district, or any residential zoning district within the Village of Dryden or Village of Freeville; (d) any billboard structure exceed fifteen feet in height, including support, measured from the edge of the paved surface of the highway adjacent thereto. When approving a billboard, the Town Board shall take into consideration the criteria ® set forth in Section 1303(2), and such factors as the size, construction and design; location and effect on surrounding property; safety and vehicular traffic; and maintenance provisions, including provisions for removal of an abandoned billboard." Page 3 of 9 TB 4-4 -01 AMENDMENT 3 0 Section 1603 of Article XV of the Zoning Ordinance is to be amended by adding thereto the following language at the end of the last sentence. 'Any outdoor sign that is illuminated from any light source other than an internal source shall be illuminated by a fully shielded light source or sources, designed and placed in a manner that (1) restricts the area illuminated to the sign face, (2) directs in a downward manner, and (3) precludes the casting of any glare or light from said source beyond the sign face in any upward direction, horizontally to the side of, or to the rear of said structure. No light shall be cast: on adjoining property, or upward beyond a horizontal plane level with the light source.' These amendments shall take effect ali:er publication and as provided by law. 2nd Cl T Hatfield Roll Call Vote C1 T Hatfield Yes Supv Varvayanis Yes CI C Hatfield Yes Cl Grantham Yes CI Grantham - I'd like to make a motion to allow the billboards in the M -AA zone and set the public hearing for May 2, 2001. RESOLUTION # 111 - INTRODUCE PROPOSED AMENDMENT TO ZONING ORDINANCE FOR BILLBOARD REGULATIONS Cl Grantham offered the following resolution and asked for its adoption: RESOLVED, that this Town Board hereby introduces the following proposed amendment to the Town of Dryden Zoning Ordinance, and sets a public hearing regarding the adoption of these amendments for May 2, 2001 at 7:00 p.m., at the Town Hall, 65 East Main Street, Dryden, New York: The introductory sentence to Section 1502(2) of Article XV of the Zoning Ordinance is amended to read as follows: "Billboards shall be allowed by special permit within the M -A and M -AA District. In no case shall:" This amendment shall take effect after public hearing, their approval and publication as provided by lav*v. 2nd C1 T Hatfield Roll Call Vote Cl T Hatfield Yes Supv Varvayanis Yes Cl C Hatfield Yes Cl Grantham Yes Cl Grantham - We all got the letter from the Sierra Club about work in the watershed and I mentioned that if no one minded 1 was going to respond to it as our representative to the Cayuga Lake Watershed Intermunicipal Organization, and this is my response (copy Yale 4 of 9 TB 4-4 -U 1 distributed to board members). I just basically said this is what's going on and you're welcome ® to work with the Intermunicipal Organization. The other thing I wanted to talk about is that we are getting ready to apply for another round from the Department of State and the money has to flow through a municipality. It can't flow through the Intermunicipal Organization. I talked to Mark about the possibility of Dryden hosting the grant. We would be the lead agency for this. The money would come here and we would administer it on behalf of the IO. Usually there's been funding in it for administrative assistance. There will be additional work for the Town as a result of administering it., but there is usually some funding there for that. I just wanted to let you know that that's come up and I said that I thought Dryden would be willing. We don't have to take any formal action. We don't even have a call for proposals yet from the State. I just wanted to make sure no one had any major objections to it at this point. Board had no objections. Cl Grantham explained that there was a possibility that the IO would ask Dryden to Chair during the time of that grant. The idea is that Chair is to be rotated through the watershed anyway and while the Chair volunteers time, it is no cost to the Town. Larry Carpenter - I'd like to know what the Union and the Board have been doing the last six months. Supv Varvayanis - We've had three meetings with the mediator and are supposed to have one more, although that hasn't been scheduled yet. L Carpenter - I have a request that I would like you to take care of, and I'd like a written explanation of why the rules that: we were given in 1996 about working hours and lunch hours 41 is not being followed. The rules that state we go on four ten hour days in April and that we eat lunch from 12 to 12:30. That is not what is posted on the bulletin board for new working hours. If we are going to follow the old regs, let's follow them. I'd like an explanation, written if possible, of why we are not following them. Supv Varvayanis - Is that a complaint? You want to follow the old regs? L Carpenter - I think it's a procedure that's not being followed, very simply. You told us that we're locked into the agreement that the had in 1996. Either we're locked into the whole agreement or we're just locked into bits and pieces and I'd like to know what the bits and pieces are. Supv Varvayanis - We can make changes if the workers agree to that, and I was under the impression that Jack had spoken to people. That's why I'm asking. Is this a complaint that you do not want... L Carpenter - I've been there every day and I haven't heard a word. If there was a meeting I wasn't invited to it. It says it's board policy, so I think any changes that happen there have to be done by the board. Am I correct, or not? Or do we change policies without bringing it to the public at a board meeting? Cl Grantham - I think it has to go to the Union. Supv Varvayanis - I don't: think you need official board approval. 4D Atty Perkins - It's under the control of the Highway Superintendent. L Carpenter That whole agreement is? Page 5 of 9 TB 4-4 -01 Atty Perkins -The hours of work and supervision of employees is the province of the Highway Superintendent, subject of course to Unfair Labor Practice Rules because of the current state of negotiations. Cl Grantham - So does he have to take it to the Union to get changes like that made? Atty Perkins - Presumably, yes. Cl Grantham - So talk to Jack about it I guess. Do you have a copy of the hours that you say are posted? L Carpenter - They're posted. I don't have a copy, no. Supv Varvayanis - I can go look. Jack is out until the 18'x'. I'll talk to Joe and see if Jack talked to him. It was my impre ssion that ..Jack had talked to him. We'll look into that. L Carpenter - Well, there's a few of us over there who are, as you know we haven't had a raise in four years, and we have to depend on a second job and this is cutting into our second job pay. This is different than what we ever had before. We always worked four tens. He sprung this on us last Fall and we let it go by, but it's hurting our pocket book as much as the fact that we haven't had a raise in four years. Now the school tax is going up almost 12 0/0. 1997 wages aren't paying the bill. Cl Grantham - Larry, first you said he didn't talk to you about it, but then you said he sprung it on you last Fall. He posted it, or he had a meeting? L Carpenter - He had a, meeting last Fall, and supposedly they took a. vote and they told us that's the way it came out, but that was last Fall. Cl Grantham - Were you at that meeting? L Carpenter - Yes. They worked for last Fall, but I understand that that's what he's doing now. We have no idea when hours are changing or anything, except that in our brochure that the Board gave us when we were hired, and updated, it says that we go to four tens in April and then we go to five eights in October or November sometime. Cl Grantham - So in that meeting last Fall when you voted, were you voting on winter hours or were you voting on... L Carpenter - We were voting on Fall hours. Cl Grantham - Specifically Fall hours, not year round. That %vas really clear in that meeting? L Carpenter - Yes. Cl Grantham - Okay, just wanted to make sure. Supv Varvayanis - I guess the simplest thing is to talk to Roark tomorrow and have him get another meeting together, another vote. L Carpenter - l have another question too. Is there any limit to paid suspension, or does that go on forever? Page 6 of 9 0 TB 44-01 ® Supv Varvayanis - I believe you can run that just: about forever. L Carpenter - Because a lot of us would like to take advantage of that. Supv Varvayanis - I thought that might: come up. Atty Perkins - I assume we're talking about the Section 75 hearing that was held and we haven't got a decision yet? Supv Varvayanis - That's my assumption. Atty Perkins - You can only suspend him without pay .for 30 days I believe and then if he's still suspended he has to be paid until a decision is made. L Carpenter - And there's no limit on when a decision is made? It could be five years from now? Atty Perkins - Could be. I doubt that it will be. Supv Varvayanis - That, again, is Jack's decision, whether he wants to call him back to work or not, but by law we've got to pay him. Any other questions or comments? Cl Grantham - I'll just mention that we have three applicants in response to our RFP for helping us produce a master plan and Barbara Caldwell, Chris Michaels and I have the copies. I asked Dianne McFall to set up interviews for the 110). If possible I'll bring a recommendation to the Board that right. Cl T Hatfield - I had a meeting with the Dryden Recreation Commission on Monday. They've heard from Marty Christofferson and his partner on an effort to try and get a lacrosse option introduced to Dryden through the Town of Dryden recreation programs. The Recreation Commission voted unanimously to bring that to the Board next Wednesday if we can put it on our agenda.. It would be at no cost to the Town but we need to recognize it as a program if I understand our insurance properly, so that it will be covered under the Town s umbrella policy. If we can do that they'll be up and running, and it will be another option for Dryden youth to pursue in terms of recreation. So I'd like that on next week's agenda. Supv Varvayanis - Okay. We can talk about the paramedics. I was authorized to pay between $11 and $15 an hour based on the recommendations from the committee. This schedule (distributed to board members) is what the committee recommended. We should have some objective way of paying people. Information was reviewed by the Board. The resolution that was passed previously was for new hires. After discussion, the Board adopted the following resolutions. RESOLUTION ti 112 - PAY RATE FOR FULL TIME PARAMEDICS Cl Grantham offered the following resolution and asked for its adoption: RESOLVED, that this Town Board hereby sets the following rates for the full-time paramedics: $11.00 per hour base rate plus $1.00 per hour for paramedics with over three years paramedic experience plus $.50 per hour for each of the following certifications: CPR instructor, ACLE certified, ACLS instructor, CME evaluator, PALS certified; and $1.00 per hour additional for being lead paramedic. These rates will become effective April 15, 2001 but in no ® event until proof of experience and certifications are in the Town of Dryden personnel files at the Town Hall, Page 7 of 9 T8 4=1 -01 2114 Cl T Hatfield Roll Call Vote Cl T Hatfield Yes 144W Supv Varvayanis Yes Cl C Hatfield Yes Cl Grantham Yes RESOLUTION # 113 - PAY RATE FOR PART TIME PARAMEDICS Cl Grantham offered the following resolution and asked for its adoption: RESOLVED, that this Town Board hereby setts the following rates for part time paramedics. If they work an assigned regular shift, they will be paid the same pay scale as full time paramedics; otherwise, it will be $11.00 per hour. Tom Tracy and Clayton Bronson will be paid $13.50 per hour, and Brian Payne will be paid $12.00 per hour as they have agreed to work an assigned shift (once certificates and /or proof of experience are supplied to the Town). These rates will become effective April 15, 2001, but in no event unt:il proof of experience and certifications are in the Town of Dryden personnel files at the Town Hall. 2nd Cl T Hatfield Roll Call Vote Cl T Hatfield Yes Supv Varvayanis Yes Cl C Hatfield Yes Cl Grantham Yes Cl C Hatfield - And they're doing their billing and keeping it up? 0 Supv Varvayanis - Well, we're still not seeing the income we used to be seeing. They claim it's still a lag. I've got to look into it. In March of this year a total of $7,836 came in, and last year it was $12,800, so we're behind. I don't know how much longer I'd believe that it's a lag due to the trouble we were in last summer. Cl C Hatfield - They've got to make sure that they get their paperwork done. Cl Grantham - Well, we could look at the number and type of calls they've had and see if it's a lag. Can they get those numbers for us? Supv Varvayanis - We should be able to get that. I've given Jim Buckley a couple the reports we used to get to show him what we were getting. Cl Grantham - If he just compared a couple months of last year to this year it would give us an idea of what. the problem is. Supv Varvayanis wondered why it seems to take so long (six or seven months) to get the funds from insurance and /or Medicare or Medicaid after they are billed and hopes to get that information when the reports are received. The board reviewed ZO Slater's 4/3/01 Ithaca Produce landscape analysis and agreed that it was right: on target. Atty Perkins wondered why a professional landscape plan had not been submitted. Supv Varvayanis directed ZO Slater to write to Ithaca Produce and advise them that his concerns as stated in the 4/3/01 letter need to be addressed. Page 8 of 9 TB 44-0I Cl C Hatfield asked about the status of the Cayuga Press HUD loan and Supv Varvayanis stated that hopefully the paperwork would be finished soon and contract signed with Bernie Thoma. Supv Varvayanis stated that the HUD audit had revealed that the County was not taking care of some of the bookkeeping the way that HUD would like it, but there was nothing serious. Having that audit hopefully helped to jumpstart the Cayuga Press matter. Supv Varvayanis - With respect to the other three requests for HUD money, the fish farm backed out, but the other two (lnvironmental Associates & ICS Press) are still interested. I am meeting with the County about money that might be available on Friday. At 8:04 p.m. on motion made, seconded and unanimously carried, the Board moved into executive session to discuss the possible acquisition of real property, and public discussion could adversely affect the value thereof. No action %vas taken. On motion duly made, seconded and unanimously carried, the meeting was adjourned at $:22 p.m. Respectfully submitted, / In4 A1 Bambi L. 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