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1990-03-12
• A73 TOWN OF DANRY TOWN BOARD MINUTES Regular Meeting 8 : 00 F . M . March 12 , 1990 PRESENT_: Supervisor Dietrich CounciIpersons : Eckstrom , Marisa , Oltz , Schwartz OTHERS PRESENT : Town Clerk - Sczepensk. i Planning Board Chair -- Weitzel. Tompkins County Representative -- Pro to Town Bookkeeper •-• Miller Highway Superintendent -- Coddington Fire District Liaison -- Genter MEMBERS OF THE PUBLIC : Joel Gagnon , Steve Rider , Natalie Rider , Ray A ;; te11 , Roger Rile , Jeff Decker , Paul Decker , Frank Darrow , Elizabeth Owens Roe , Paul Vi scuco , Pat Woodworth PLEDGE OF ALLEGIANCE : Supervisor Dietrich led all present in the Pledge of Allegiance to the American flag . EXECUTIVE SESSION OF TOWN BOARD Supervisor Dietrich requested an Executive Session of the Town Board to discuss possible litigation . On a motion the Town Board adjourned to Executive Session at 8 : 03 P . M . CALL TO ORDER : The regular meeting of the Town board resumed at 8 : 22 P . M . Approval of _Minutes A motion was made by Council person Marisa : Councilprrson Schwartz Seconded by to approve the Minutes of the Town Board Meetings, for January B , 1990 , February 12 , 1990 , of January 8 , 1990 ,, Public Hearings and February . 12 , 1990 , Special Town Board Meetings of November 17 , 1989 , January 26 , 1990 and February 14 , 1990 . Carried Unanimously ADDITIONS OR DELETIONS TO THE AGENDA : Supervisor Dietrich requested the Business addit .icar'! of ar�! item under New - - Amendment to the Dog Control Officer Account Resolution . TOMPKINS COUNTY REPRESENTATIVES REPORT : County Representative Proto reported on the following : Tompk_i.ns._ County_ Property .Assessments The new property assessments for Tompkins C - ! be mailed to ai ]. .� � County residents will property owners by mid April 1990 . The average increase i. 17 assessments is 300y , . Questions on assessments should be addressed to the Tompkins County Asp 1 "? C� !-ra Tax Adjustment Assessment office thru May , � tment Day for the Town of Danby will he held from 3 _._ 6 P . M . on May 9 , 1990 at the Danby Town Hall . Discussion sion fol lowedi and Representative Proto assessment re - evaluation procedure . explained the tito suggested that the Town schedule Representative Prato Don Franklin or a represetatves from © r the � County et office before Tax Adjustment Day . Assessor ' s • Councilperson Eckstrom said that the Town would consider a Public Forum in April 1990 in regard to the new County Tax Assessments Town Board Minutes March 12 , 1990 • Iompk- ris- •-County_ Education Committee U•p_- date The County Education Committee will he expanding the reading. room c oncept into the Towns of Lansing and Enfield . Solid Waste The solid waste legislation in regard to illegal dumping has been passed and the County is in the process of hiring an individual to police the areas where dumping occurs . The tag system for trash bags has started with few problems . The County is looking at the possibility of a revision for 1 / 2 price tags for residents w ho have bags that are a lot less than 35 lbs . The Town of Caroline opened a recycling center in February 1990 . Wastewater Treatment Plant Charges The County is looking into the fee charged to septage haulers by the City of Ithaca Wastewater Treatment Plant to unload their trucks . Tompkins ._ County_ Health Committee Tompkins County has received a grant from New York State for $ 1009OCx) that will be used for the health care of children „ The County is developing an outreach program to help with the problem of inadequate prenatal care . E nhanced _9ii_ System, Tompkins County is looking into enhancing the 8000 system for e mergency calls . They would like to set up a procedure that w ould directly channel emergency calls to the appropriate department . A special task force has been set up to collect d ata for a 911 system . Representative Prato said that if the County had all the necessary data for a 911 system that it would take 2 -. 3 years to set the system up and put it into place . J im Brown ..Bridge�Rehabilitation . Representative Proto said that the County did not make the d ecision not to fund the Rehabilitation • of Jim Drown Bridge P roject . Tompkins County requested funds from New York. State D epartment of Transportation for eight ( £8 ) projects in 1990 . B ecause of the bonding situation :only one project was funded by New York State , Bus Service for Danby Representative Prato met with representatives from New York State Transit to discuss bus service for Danby . Tioga Transit has agreed to provide service . COMMUNICATIONS : Cemetery Caretaker Resignation S upervisor Dietrich read a resignation letter from Mr . Edw . M Roberts , Caretaker of Town Cemeteries . S olid Waste S upervisor Dietrich read a memo from Tompkins County Solid Waste D ivision in regard to the guidelines and procedures for vehicles u sing the County landfill and the weighing system , Mr . -Block S upervisor Dietrich read the following portion of a letter from Mr . James Block. " I understand that I was quoted to the effect that the remaining part of Old Town Road adjoining Route 96 B should be condemned , I do not recall any such statement and w ould appreciate correction of any such retribution at your e arliest convenience . " Supervisor reported that basically previous letter we received from Mr . Block. stated -- - " If successful legal action were taken to require to reconstruct a turn - around at this location it would necessitate condemnation of and very adjacent to present homes . I t would be even easier and MIIMMEMMEM a 76 Town Board Minutes March 12 , 1990 certai. nly. ,. cheaper if the Old Town Road were open and accessible from Route 96 B to Olde Towne Village . Vehicles would simply exit and enter either Old Town ' Road or Buttermilk Lane . This only requ•i_ rer . condemnation of a mere 135 feet of road . I would even clearly deed to the Town a portion of my land for a continuation of that road eagerly for the condemnation portion . " Supervisor Dietrich said that it appears to him that Mr . Block was asking for condemnation . Discussion followed in regard to the position available for Cemetery Caretaker for the Town of , Danby Cemeteries . Zoning_ Report, Supervisor Dietrich read the following report for the month of February 1990 from the Code Enforcement Officer -- -- Permits issued for construction of new homes - three , garages - one ( 1 ) , carport - one ( 1 ) , addition - one ( 1 ) , renewal permits - one ( 1 ) , fees collected for permits was $ 942 . 50 for a construction value of $ 302 , 150 • . 00 . There were three ( 3 ) Certificates of Occupancy issued . Dog--Control._-Officer .Report Supervisor Dietrich reported that for the month of February 1990 , there were 12 complaints , five ( 5 ) dogs reported lost , six ( 6 ) dogs found , four ( 4 ) dogs impounded , one dog ( 1 ) euthanizedq two ( 2 ) dogs redeemed by owners , and three ( 3 ) available for adoption . One summons was issued and fees of $ 20 , 00 were collected for redemptions . Planning Board _Report Chairperson of the Planning Board reported that H & E Machinery has requested a new Planned Development District on Comfort Road . Reading Room Report Jeff Decker reported that the shelves are nearly completed for the Denby Reading Room . Jeff said the book shelves would be installed Saturday , March 17 , 1990 and the reading room will open on March 24 , 1990 , The Grand Opening for the reading room is scheduled for April 7 , 1990 . Jeff was reporting for his brother Matthew who was unable to attend tonight ' s meeting . Fire District Report Fire District Liaison reported that the meeting with the DEC on the burning of forest lands was well attended . The presentation was very informative and interesting . Discussion followed in regard to the tax funds paid for our State Forest. Lands . Highway _Superintendent s..Report Superintendent Coddington reported that there was a New York. State Inspection of the Town Highway Barns , The Highway Department has been servicing equipment for the spring season . Discussion followed in regard to weight limits on Town roads . OLD BUSINESS : New -Town .._ Highway_-Barns. Councilperson Schwartz reported that the Notice To Bidders has been advertised in the Ithaca Journal . According to Richard A . Rust , Architect for the New Town Highway Barns that thirty ( 70 ) contractors have applied for the bid package and the bid opening is to be on March 21 , 1990 , • NYSEG.._. A,ppl_ication Councilperson Schwartz reported that. the NYSEG Application p . 1 / 4° 4 Town Board Minutes March 12 , 1990 materials have arrived for service at the New Highway Barns site N EW BUSINESS : Amendment . to Resolution # 11 of 1990 B y Supervisor Dietrich : Seconded by Councilperson Oltz RESOLVED , That the last. line " Elections Inspectors will be paid $ 4 . 50 per hour . " be stricken from the resolution . A roil call vote on the resolution resulted as follows : E ckstrom Aye Marisa. Aye O ltz . Aye S chwartz Aye D ietrich Aye Carried Unanimously Ap_pointment --of Danby__- Town , _ Justice Councilperson 01tz reported that the Town Board interviewed several qualified people who applied for the Town Justice position . The term of appointment for this position is for the remainder of 1990 . Resolution #33 of 1990 B y Councilperson Oltz : Seconded by Councilperson Eckstrom RESOLVED , That the Town Board of the Town of Danby appoint Ralph B owles , 592 Troy Road , Ithaca , NY to serve as Town of Danby Justice for the remainder of 1990 . A roll call vote on the resolution resulted as follows : E ckstrom Aye Marisa Aye O ltz Aye S chwartz Aye D ietrich Aye Carried Unanimously Resolution # 34 of 1990 Call for Public Hearing H & E Machinery_. Planned Development_ District B y Councilperson Dean : Seconded by Councilperson Marisa RESOLVED , That a Public Hearing to hear the proposed changes for H R, E Machinery Planned Development District , at 334 Comfort Road , Ithaca , New York will be held at 7 : 00 P . M . on Wednesday , April 4 , 1990 by the Town of Danby Town Board at Denby Town H all , 1830 Danby Road . A roll call vote on the resolution resulted as follows : E ckstrom Aye Marisa Aye O ltz Aye S chwartz Aye D ietrich Aye Carried Unanimously Resolution # 35 of 1990 Amendment to Doq .Warden ._Accoun_t B y Supervisor Dietrich : Seconded by Councilperson Oltz RESOLVED , That the Dog Warden Account be amended as follows : $ 2 , 110 from budgeted Contractual Account A3510 . 4 to be moved to S alary Account A3510 . 1 to be paid on a quarterly basis . Vt/7 • 5 Town Board Minutes March 12. , 1990 • A roll call vote on the resolutiot resulted as follows : _ . E ckstrom Aye • Marisa Aye O l tz. Aye S chwartz Aye Dietrich Aye Carried Unanimously Resolution #36 of 1990 Summer Recreation _AQplic_ation Request. By Supervisor Dietrich : Seconded by Counci. lperson Schwartz RESOLVED , That the Town of Danby Town Board make application to the Division for Youth and Tompkins County for summer recreation money for 1990 . A roll call vote on the resolution resulted as follows : E ckstrom Aye Marisa Aye O ltz Aye Schwartz Aye D ietrich Aye Carried Unanimously Resolution.. #37 of 1990 FEIS Extension - Grisanzio Planned Development District By Councilperson Marisa : Seconded by Councilperson Eckstrom RESOLUTION REGARDING ENVIRONMENTAL QUALITY REVIEW REQUIREMENTS FOR THE APPLICATION TO THE TOWN OF DANDY ( THE " TOWN " ) FOR APPROVAL OF A PLANNED DEVELOPMENT DISTRICT SUBMITTED BY MS . LIZ GRISANZIO ( " APPLICANT " ) WHEREAS , Applicant has submitted to the Town an application for a Planned Development District for a site proposed to consist of approximately 45 Lots on approximately 72 acres located in the Town ( the " proposed action " ) ; and WHEREAS , the Town has designated itself as Lead Agency for purposes of the environmental review of the proposed action ; and WHEREAS , the Town has , after completion and review of the required Environmental Assessment Form ( " EAF " ) , filed a Positive Declaration -- Notice of Intent to Prepare a Draft Environmental Impact Statement ( " DEIS " / Determination of Significance ; and WHEREAS , The Applicant has submitted a Draft EIS as required ; and WHEREAS , The Town Board , as the designated Lead Agency , has reviewed the Applicant ' s DEIS and determined that it is satisfactory with respect to its scope , content and adequacy for the purpose of commencing public review ; and WHEREAS , a Public Hearing on the DEIS was held at the Town Hall on November 20 , 1959 , at which time all members of the public wishing to speak were given the opportunity to do so ; and WHEREAS , The designated public comment period following the filing of the Applicant ' s DEIS has e ;•; the designated, Lead Agency , expired and the Town Board , as required Final. Environmental Impact Statement d ( " FEIS " ) ;preparation of the ) : and WHEREAS , The Town Board , as the designated Lead Agency , has I ' i A • 6 Town Board Minutes March 12 , 1990 received extensive public comment necessitating full and proper response as part of the preparation of the FEIS ; and WHEREAS , The Town Board , as the designated Lead Agency , previously determined in accordance with 6 NYCRR Part 617 , Section 617 . 8 ( e ) ( 2 ) ( i ) that additional time was necessary to - prepare the FEIS adequately and extended such time until February 15 , 1990 ; and WHEREAS , The Town Board has requested of the Applicant that. the Applicant prepare and submit . for review by the Town Board a proposed FEIS for adoption by the Town Board ; and WHEREAS , The Town Board received on February 13 , 1990 from the Applicant a proposed FEIS , February 13 , 1990 being one day after the Town Board ' s regular February meeting ; and WHEREAS , The Town Board has determined that substantial ' modifications and additions were necessary thereto , the Town has now prepared a draft form an entirely new and revised FEIS which document has been circulated to all Town Board Members today , Monday , March 12 , 1990 , and WHEREAS , The Town Board now includes certain members who were elected in the Fall of 1989 and took office on January 1 , 1990 , well into the process of reviewing the proposed action , believes the final preparation of the FEIS requires an additional period of time so as to prepare the FEIS in its proper form , and WHEREAS , The Town Board as Lead Agency have in light of all of the following have determined that in accordance with the proper sections of the law that additional time is necessary and wish to extend such time beyond the previous extended date ( i . e . , March 15 , 1990 ) until March 23 , 1990 so as to permit the Town Board to complete review and preparation of the proposed FEIS and thereafter take appropriate action thereon ; NOW THEREFORE , IT IS HEREBY RESOLVED , That the Town Board of the Town of Danby , as Lead Agency , pursuant to 6 NYCRR Part 617 , Section 617 . 8 ( e ) ( 2 ) ( i ) hereby determines that additional time is necessary to prepare the FEIS for the proposed Grisanzio Planned Development District ; and it is further RESOLVED , That the Town Board of the Town of Danby , as Lead Agency , hereby extends its time . for preparation and completion of the FEES until March 23 , 1990 , such extension to be subject to further extension in the event that the Town board hereafter determines that further and additional time is necessary for adequate preparation of the FEIS . D iscussion followed in regard to the ten ( 10 ) day period for the public to examine the FEIS . S upervisor- Dietrich reported that the FEIS is a synopsis and that it does not contain new information . A vote on the resolution resulted as follows : E ckstrom Aye Marisa Aye O i tz Aye • Schwartz Aye Carried Unanimously ' - 9 a71 7 Town Board Minutes March 12 , 1990 Approval of Warrants Warrant . * 3 of 1990 - General Fund A motion was made by Council" person Eckstrom and seconded by Councilperson Schwartz to adopt the General Fund Warrant # 3 of 1990 in the amount of $ 4 , 681 . 86 . A roll call vote on the motion resulted as follows : E ckstrom Aye Marisa Aye O ltz Aye S chwartz Aye Carried Unanimously • • Warrant _ #3 of.1992 - Highway.-Fund. . . A motion was made by Counctiperson Oltz and seconded by Councilperson Marisa to adopt the Highway Warrant # 3 of 1990 in the amount of $ 5 , 807 . 84 , A roll call vote on the motion resulted as follows : E ckstrom Aye Marisa Aye O ltz Aye S chwartz Aye Carried Unanimously • Warrant # 3 of 1990 - _West _Danby. Water District Fund A motion was made by Councilperson Schwartz and seconded by Councilperson Marisa to adopt the West Danby Water District Fund in the amount of $ 146 . 70 . A roll call vote on the motion resulted as follows : E ckstrom Aye Marisa Aye O ltz Aye Schwartz Aye Carried Unanimously Approval of Supervisors Report A motion was made by Councilperson Marisa and seconby Councilperson Schwartz to accept the Supervisor ' s Reportdfor February 1990 . A roll call vote on the motion resulted as follows E ckstrom Aye Marisa Aye Oltz Aye S chwartz Aye Carried Unanimously Approval _ of Town Clerk ' s_ Report A motion was made by Councilperson Schwartz �ao !cncilperson Eckstrom to a � and seconded by February 1990 as PProve the Town Clerk ' s Report for presented . A roll call vote on the motion resulted as follows : E ckstrom Aye Marisa Aye O ltz Aye S chwartz Aye Carried Unanimously at . S • Town Board Minutes March 12 , 1990. ADJOURNMENT : On a motion by Councilperson Eckstrom and seconded by Councilperson Schwartz that the March 12 , 1990 Town of Danby Town Board Meeting be adjourned until 5 : 15 P . M . on March 21. , 1990 . ace, OC a__arol W ._ Scze k cws Town Clerk