The URL can be used to link to this page

Home My WebLink About1988-12-29C r SPECIAL MEETING TOWN OF DANBY DECEMBER 29, 1988 A SPECIAL MEETING WAS HELD DECEMBER 29th, 1988, AT THE DANBY TOWN HALL , 1830 DANBY ROAD, COUNTY OF TOMPKINS, NEW YORK 19850, BY THE TOWN BOARD OF THE TOWN OF DANBY. PRESENT: DEAN ECKSTROt4v COUNCILMAN MARY OLZZ, COUNCII AlOMAN DORO`TgTY ROBERTS, OOUNCIIkQQAN JULIA TAGLIAVENTO, COUNCIIy@OMAN FREDRIC DIETRICH, SUPERVISOR O'T'HERS PRESENT': LOLLY MORGAN, LORRAINE BARD, CONNIE SHIPPPOS, WILLIAM SHIPPOS, GORDON ROBERTS, EDWARD M. ROBERTS, ROBERT Co ROE, ELIZABETH OWENS —ROE, GORDON SCHONEMAN, RAYMOND MAYO, PAM CLERMONT, WALT SCZEPANSKI, CAROL SCZEPANSKI, JOEL GAGNON, NANCY WEITZEL, FRANK DARROW, SAL GRISANZIO, LIZ GRISANZIO, GAIL MILLER, RICH MARISA, MARY LEE, GEORGE SCHELCHT & OTHERS RECORDING 1 BABBIlTor TOWN CLERK PRIVILIGE OF FLOOR: RAY MAYO: CONCERNED WITH WHAT IS GOING ON AT THE COUNTY LANDFILL, WHICH I UNDERSTAND IS SUPPOSE TO BE CLOSED, BY LAW, AND THE COUNTY IS GOING TO CONTINUE TO RUN IN VIOLATION OF THE LAW. I DON'T THINK THE TOWN BOARD KNOWS THAT THE COUNTY DUMP IS RECEIVING HAZARDOUS WASTE. I HAVE BEEN OVER THERE SEVERAL TIMES AND OBSERVED TRUCK LOADS OF ASBESTOS, RADIOACTIVE MATERIAL, SMOKE DETECTORS, AND THE CITY IS HAULING SLUDGE OUT THERE. THE DUMP HAS BEEN CLOSED FOR A REASON, THE REASON BEING THAT IT IS CONTAMINATING THE AREA AROUND IT. I THINK THE TOWN BOARD SHOULD TAKE SOME KIND OF ACTION AGAINST THE COUNTY TO MAKE THEM STOP RECEIVING HAZARDOUS WASTE, IT IS ONE THING FOR THEM TO CONTINUE TO RUN THE DUMP, BUT IT IS SOMETHING ALL TOGETHER DIFFERENT TO RUN IT KNOWING THAT IT IS CONTAMINATING THE AREA AROUND IT WITH HAZARDOUS WASTE. I HAVE SPOKEN TO THE MANAGER AND SHE SAID IT WAS OKAY FOR THEM TO DUMP THE HAZARDOUS WASTE AS THEY HAVE A PERMIT. I THINK THE PERMIT ONLY APPLIES TO THE DUMPS BEING OPERATED LEGALLY. THIS DUMP IS NOT BEING OPERATED LEGALLY. TECHNICALLY IT HAS BEEN CLOSED BY THE STATE, BUT THEY ARE STILL LETTING THE COUNTY USE IT. THE TOWN SHOULD GET INVOLVED AND FIND OUT WHY THEY ARE RUNNING IT ILLEGALLY? IS THE TOWN GOING TO BE RESPONSIBLE DOWN THE ROAD? CIMN. ECKSPROM: TO MY KNOWLEDGE THE CURRENT LANDFILL IS NOT BEING OPERATED ILLEGALLY. IT CONTINUES TO OPERATE LEGALLY UNTIL FRIDAY OR SATURDAY, AND PASS THAT POINT, I BELIEVE THE D.E.C. HAS PERMITTED THEM TO CONTINUE OPERATION UNTIL THE CURRENT ISSUE CAN BE RESOLVED, AND NEW MECHANISM CAN BE PUT IN PLACE. THE PERMIT IS STILL VALID AND WILL CONTINUE TO BE VALID UNTIL THE COUNTY CAN MAKE OTHER ARRANGEMENTS, IF IN FACT THE PERMIT IS REVOKED. MAYO: I WAS UNDER THE IMPRESSION THAT THEY HAD AN EXTENSION UP TO 12/31/88. CLMN. ECKS11M: THAT IS RIGHT. MAYO: BEYOND THAT POINT THE EXTENSION WOULD NOT BE GRANTED. ONE THING I DID NOT TELL YOU ABOUT IS RED BAG WASTE. CLWN, TAGLIAVFNPO: HAD IT BEEN AUTO— CLAVED? IT WOULD HAVE TAPE ON IT WITH BLACK MARKERS MEANING THAT IT HAD BEEN AUTO— CLAVED AND YOU CAN DUMP THAT. FURTHER DISCUSSION ON ASBESTOS AND SLUDGE, SUP. DIETRICH TO DISCUSS WITH BARBARA ECKSTROM. L. BARD: I WOULD LIKE ONCE AGAIN LIKE TO SUGGEST THAT WE HAVE A DOG CENCUS, I HAVE SUGGESTED `PHIS BEFORE AND WORKING WITH THE OTHER THREE TOWNS WE HAVE INCREASED THE LICENSING IMMENSELY. I WILL WORK WITH JOAN OR WHO EVER IS INVOLVED WITH THE CENCUS, AND THE NEW LAW THAT IS COMING UP NOT BE DECIDED ON UNITL 1990 OR WELL IN PLACE WHEN THE CENCUS IS TAKEN. FURTHER DISCUSSION ON THE DOG CENCUS, MAYBE SOMETIME IN MAY. L• BARD ALSO REPORTED THAT SHE IS INVOLVED WITH LOLLY MORGAN, WITH A NEW GROUP CALLED FINGER I..AKES PE1'HOOD, TRYING TO DEVELOP A LOW COST SPAYING AND NEUTERING SERVICE, 110 VETS INVITED TO MEETING AS TO HOW WE WOULD COME ABOUT DEVELOPING THIS SERVICE, 7 VETS CAME AND 6 OTHERS CALLED AND SAID THEY DIDN'T WANT TO COME. WE HAVE A BOOKLET COMING FROM FLORIDA ABOUT HOW TO TEACH , WILL REVIEW AND GO TO SUPERTINDEN`P OF SCHOOLS. SUP. DIEI'RICH: ASKED L. BARD TO SEND A LETTER TO THE TOWN BOARD REGARDING THE TOWN HAVING A DOG CENCUS, SO IT COULD BE FORMALLY PUT INTO THE MINUTES. r(.O PAGE 2, 'DOWN OF DANBY, SPECIAL MEETING, D DCEMBER 29, 1988 WALT SCZEPANSKIa ASKED ABOUT THE STATIS OF THE COMPREHENSIVE PLAN? FRANK DARROW: MEETING THE THIRD THURSDAY OF JANUARY TO ADDRESS THE COMPREHENSIVE PALN. SUB GROUP TO MEET JANUARY 5, 1989. UYLESS TO SEND DRAFT, OLD BUSINESS: NONE NEW BUSINESS: RESOLUTION # 66 RESOLVED TO RECOMMEND FRANK DARROW TO FILL OUT THE UNEXPIRED TERM OF / DONALD GRAHAM ON THE TOMPKINS COUNTY PLANNING BOARD, TERM TO EXPIRE 12/31/90 CLWN. DOROTHY ROBERTS MOVED TO APPROVE, SECONDED BY CLWN. TAGLIAVENTO. ROLL CALL: DEAN ECKSTROM AYE MARY OL'IZ AYE DOROTHY ROBERTS AYE JULIA TAGLIAVENPO AYE FREDRIC DIETRICH AYE ADOPTED: RESOLUTION # 66 RESOLUTION # 67 RESOLVED TO AUIIIURIZE THE SUPERVISOR TO USE EXCESS MONIES IN APPROPIAT'E ACCOUNT'S d'► TO PAY END OF THE YEAR BILLS AND TO USE �A/ O9 CONTINGENCY FUNDS AS NECESSARY. CLWN. MARY OLTZ MOVED TO APPROVE, SECONDED BY LIMN. TAGLIAVENTO. ROLL CALL: DEAN ECKSTROM AYE MARY OL17a AYE DOROTHY ROBERTS AYE _ JULIA TAGLIAVENTO AYE FREDRIC DIE'IRICH AYE ADOPTED : RESOLUTION # 67 RESOLUTION # 68 RESOLVED TO ADOPT PRIOR NOTICE LAW TO SUPERCEDE LOCAL LAW # It 1977 ( SEE A!VVACHED COPY) KNOWN AS LOCAL LAW # 3, 1988 c LZ. =V,3 CLMN. DEAN ECKSTROM MOVED TO APPROVE, SECONDED BY CLWN. DOROTHY ROBERTS. ROLL CALL: DEAN ECKSTROM AYE MARY OLTZ AYE DOROTHY ROBERTS AYE JULIA TAGLIAVENTO AYE FREDRIC DIEl'RICH AYE ADOPTED: RESOLUTION # 68 DISCUSSION ON AMENDING THE ZONING I.AW 604.2 RESOLUTION # 69 AMEND ZONING LAW SECTION 604.2 THESE PARAGRAPHS SHOULD REPLACE THE FIRST TWO PARAGRAPHS OF THE CURRENT 604.2, KEEPING THE 3rd, 4th & 5th PARAGRAHS OF wAT SECTION ( SEE ATTACHED COPY) 1 II :iI i p a Usk 8,4 ROLL CALL: DEAN ECKSTROM AYE MARY Of= AYE DOROTHY ROBERIS AYE JULIA TAGLIAVEENTO AYE FREDRIC DIEIRICH AYE ADOPTED: RESOLUTION # 69 1 1 I;r �F 4 Af -'�9• /7,0 At the Special Meeting of the Town Board of the Town of Danby, Tompkins County, held at the Town Hall of said Town, 1830 Danby Road, on the 29th day of December, 1988 at 8:OOP.M. Councilperson Dorothy Roberts Resolution and moved it's adoption; offered the following Resolved to recommend Frank Darrow to fill out the unexpired term of Donald Graham on the Tompkins County Planning Board, Term to expire December 31, 19900 Seconded by Councilperson Julia which resulted as follows; Tagliavento AYES: Dean Eckstrom aye Mary Oltz aye Dorothy Roberts aye Julia Tagliavento aye Fredric Dietrich aye NOES: NONE ABSENT: DATED: DECEMBER 29, 1988 r JOAN BABBITT, TOWN OF DANBY and duly put to a vote, TOWN CLERK 1 1 1 ..... .... ... 6..7 ... _., ............... _...._. 111. I:I►r.- rt:�rtr..tl.,nr. n►r !�l:i.r►p r!� I_I►ra Ir:a!n► Fac?ard ®f h.l►n lta►er► I1,t►►I:�v, Tc:�mlrl::i.nl;, Cc:►t_rr►L:y, I►elta t_ F.I►rr L:r:�►:n► I►�l.:I. r.±F !„,.tcl )r_+►�r►, Pell 1h rzoc- 41 oI I t:.l►cz 29 cla { rr f December ].' ?89 L'c!trnr. 1. I I11:1 !car, Mary Oltz ca f f r r F ra 1.1►e� f r:► l..l. r:n��. r►r.l l:.i. rnnwc r..r can; of -11. THE TOWN BOARD OF DANBY RESOLVES TO AUTHORIZE THE SUPERVISOR TO USE EXCESS MONIES IN APPROPIATE ACCOUNTS TO PAY END OF YEAR BILLS AND TO USE CONTINGENCY FUNDS AS NECESSARY. r, 5Ir r r�r►rir Clwn, Julia Tagliavento .. .. ..... ..... ..... ..... ..... .... I:►r.tl: Lc► vt:►I:.r t.�l►i c.h r rs;rrl I -vd ::►ra fc:rl.Icar� ; IIIt1?!;; DEAN ECKSTROM AYE MARY OLTZ AYE DOROTHY ROBERTS AYE JULIA TAGLIAVENTO AYE FREDRIC DIETRICH AYE 1.!r) I F 1.1; DECEMBER 29 ,1988 l �I (:1llrl Call I 1 ±I 1 1, r IJ111.1 l_L.Er <I::, i f_]111J (1r" IM111DY r 1 1 ��jx �,�/°'9 /gyp - �f L�. LOCAL LAW NO K64' A a� OF THE YEAR 1988 `' A local law providing for written notification of it and obstructions of town highways, sidewalks, and other owned, leased, or otherwise controlled property, r defects town BE IT ENACTED BY THE TOWN BOARD OF THE TOWN OF DANBY: SECTION 1. No action or special proceeding shall be prosecuted or maintained against the Town of Danby, the Town of Danby Superintendent of Highways, other officer, agent, employee, or appointee of the Town of Danby for personal injury, wrongful death, or damage to real or personal property alleged to have been sustained by reason of the negligence or wrongful act of such Town of Danby or the Town of Danby Superintendent of Highways, other officer, agent, employee, or appointee of the Town of Danby for the defective, unsafe, out -of- repair, dangerous, or obstructed condition, including the existence of snow, ice, loose gravel, or other foreign substance thereon, of any Town owned, leased, or otherwise controlled property of any kind, including but not limited to streets, roads, highways, sidewalks, bridges, lands, culverts, sluices, street or traffic control signs, poles, standards, gravel pits, driveways, building and other structures, equipment, disposal sites, streams or bodies of water, drains, parks, playgrounds, recreation areas, tennis courts, swimming pools or ponds, wading pools, pavilions, water lines, sewer lines and utilities either aboveground or underground, unless written notice thereof was actually given to the Town of Danby Clerk or Town of Danby Superintendent of Highways at least 24 hours previously thereto and there was a failure or neglect within a reasonable time after the giving of such notice to repair or remove such condition complained of. SECTION 2. Such written notice shall contain the name and address of the person giving such notice, condition complained of, and date of existence thereof. SECTION 3. The Town officer, agent, shall transmit of its receipt this local law. of Danby Superintendent of Highways, other employee, or appointee of the Town of Danby to the Town of Danby Clerk within ten days any such notice received by them pursuant to SECTION 4. Record - keeping requirements pertaining to notices, including preservation of the notices, set forth in Section 65 -a of the Town Law of the New York, as amended from timg to time or other amendatory thereto, such shall be as State of statutes f 1 -ZO/3 SECTION 5. Nothing herein shall be construed as enlarging in any way the liability of the Town of Danby, the Town of Danby Superintendent of Highways, other officer, agent, employee, or appointee of the Town of Lanby. SEC'T'ION 6. Nothing herein shall be deemed in any way to amend the time limitations nor service requirements Sections 50 -e through 50 -1 of the General Municipal the State of New York as the same now exists or may hereafter amended. alter or of Law of be SECTION 7. If any clause, sentence, phrase, paragraph, subdivision, section, rule, or part of this local law shall be adjudged by any court or agency of competent jurisdiction to be invalid, such judgment shall not affect, impair, or invalidate the remainder thereof, but shall be confined in its operation to the clause, sentence, phrase, paragraph, subdivision, section,. rule, or part thereof directly involved in the controversy in which such judgment shall have been rendered. SECTION 8. This local law supersedes Local Law No. 1 of the Year 1977, and shall take effect immediately upon its filing in the office of the Secretary of State in accordance with the provisions of section 27 of the Municipal Home Rule Law. RESOLUTIONt,0 At a special meeting of the Town Board of the Town of Danby, Tompkins County, New York, held at the Town Hall of the said Town, 1830 Danby Road, on the 29th day of December, 1988, at 8:00 p.m. Councilperson Julia Tagliavento offered the following Resolution and moved its adoption: WHEREAS the Town of Danby has amended Section 604.2 of the Zoning Ordinance to include a Fee Schedule as an appendix thereto; and WHEREAS the Town of Danby has provided for that Fee Schedule to be adopted and approved by Resolution of the Town Board; and WHEREAS the said section of the Zoning Ordinance has also been-amended to require an application fee amended Planned Development Districts to cover costs of such application; NOW, THEREFORE, be it for new and administrative RESOLVED: That a fee schedule be adopted and shall include an application fee of $125.00 for an application submitted to the Zoning Officer under Section 604.2 of the Zoning Ordinance. Seconded by Clwn. Dorothy Roberts and duly put to a vote, which resulted in as follows: Ayes* Dean Eckstrom aye Mary Oltz aye Dorothy Roberts aye Julia Tagliavento aye Noes : Fredric Dietrich aye NONE Absent: DATED: December 29,1988 an Babbitt, Town Clerk f �V Section 604.2 - APPLICATION AND FEE. Application for establishment of a Planned Development District or amendment of an already established Planned Development District shall be made to the Zoning Officer in writing. The Zoning Officer shall refer such application to the Town planning Board for consideration when the Zoning Officer determines that all required preliminary plans and information has been submitted by the applicant, and shall at the same time notify the Town Board in writing that the application has been received and has been referred to the Planning board. The same procedure must be followed for amendment of a Planned Development District already established. Any such application shall be accompanied by a fee to cover administrative costs of the application both before the Planning Board and before the Town Board, such fee to be determined by the Town Board and set forth in a fee schedule that.shall be approved by resolution of the Town Board as an appendix to the Zoning Ordinance and that may be amended by further resolution of the Town Board. The said fee shall not be refundable once the matter has been referred to the Planning Board and the Planning Board has had a meeting to consider the application or has advertised for such a meeting. REQUIRED PRELIMINARY PLANS. Prior to referral to the Planning Board, the applicant shall provide to the Zoning Officer such preliminary plans, survey, drawings, and specifications as may be required for an understanding of the proposed development. Every applicant shall be informed in writing, at the time the application is submitted to the Zoning Officer or upon request to the Zoning Officer or to the Town Clerk, what is required to be provided from the applicant to the Zoning Officer before such application can be submitted to the Planning Board. Such written list of required information shall be approved by resolution of the Town Board as an appendix to the Zoning Ordinance and may be amended by further resolution of the Town Board. 1 PLANNED DEVELOPMENT DISTRICTS WITH PROPOSED NEW ROADS. When a proposed Planned Development District includes future dedication of new roads to the Town of Danby, all such roads prior to their dedication and acceptance by the Town shall meet the Town of Danby Specifications for Highways, which shall be approved by resolution of the Town Board as an appendix to the Zoning Ordinance, and may be amended by further resolution of the Town Board. C: PAGE 3, TOWN OF DANIJY, SPECIAL MELTING, DECEMBER 29, 1988 RESOLUTION # 70 CLWN, TAGLIAVENTO MOVED TO APPROVE, 171 WHEREAS 'nlE TOWN OF DANBY HAS AMENDED SECTION 604.2 OF THE ZONING ORDINANCE TO INCLUDE A FEE SCHEDULE AS AN APPENDIX THERETO; AND WHEREAS THE TOWN OF DANBY HAS PROVIDED FOR THAT FEE SCHEDULE TO BE ADOPTED AND APPROVED BY RESOLUTION OF THE TOWN BOARD; AND WHEREAS THE SAID SECTION OF THE ZONING ORDINANCE HAS ALSO BEEN AMENDED TO REWIRE AN APPLIICATION FEE FOR NEW AND AMENDED PLANNED DEVELOPMENT DISTRICTS TO COVER ADMINISTRATIVE COSTS OF SUCH APPLICATION; NOW, THEREFORE, BE IT RESOLVED: THAT A FEE SCHEDULE BE ADOPTED AND SHALL INCLUDE AN APPLICATION FEE OF $125.00 FOR AN APPLICATION SUBMITTED TO THE ZONING OFFICER UNDER SECTION 604.2 OF THE ZONING ORDINANCE. ROLL CALL: DEAN ECKSTROM AYE MARY OL77 AYE DOR01MY ROBERTS AYE JULIA TAGLIAVENTO AYE FREDRIC DIETRICH AYE Fil 1/ w v 011 fj to A 0 /' 1 7 SUP. DIETRICH: ASKED ABOUT PUBLIC HEARING DATE FOR THE ENGLEHART AND GRISZANO HEARING. ALSO DOG INFORMATION SESSION. DATE SET FOR JANUARY 26, 1989, NEED HEALTH DEPT. REPORT. FURTHER DISCUSSION ON THE PUBLIC HEARINGS COMING UP REGARDING SOIL DATA. NO APPROVAL WILL BE GIVEN THE NIGHT OF THE PUBLIC HEARING. DATE SET FOR JANUARY 26th, 1989 AT 7:30 PM ENGLEHART TO BE FIRST AND GRISZANO TO FOLLOW(SCHELT) APPROVAL OF WARRANISa A MOTION WAS MADE BY CLMN. ECKSTROM, SECONDED BY CLWN: TAGLIAVENTO TO APPROVE PAYMENT FOR GENERAL FUND WARRANT # 12, TOTALING $4,304.68 ADOPTED: ECKSTROM. OLTZ, ROBFRTS, TAGLIAVENTO, DIETRICH A MnT.ION WAS MADE BY CLWN. OLTZ, SECONDED BY CLWN. TAGLIAVENTO TO APPROVE PAYMENT FOR HIGHWAY FUND WARRANT # 12, TOTALING $2,103.21 ADOPTED: ECKSTROM, OLTZ, ROBERTS, TAGLIAVENTO, DIETRICH ADJOURN: A MOTION WAS MADE BY CLM. ECKSTROM TO ADJOURN, SECONDED BY CLWN. OLTZ AT 9:35 PM ESPECTFULLY SUEP41TTED, JB /lh