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HomeMy WebLinkAbout1990-07-09 1 Town Board Mint..ttes, jt_t1. y 9 , 1990 TOWN OF DANBY TOWN BOARD MEETING MINUTES Regular Meeting 9 : 00 P . M . July 9 , 1990 P RESENT : S upervisor Dietrich • Cc_tunr.. .i. l. per- sons : I?. r... I. _. om „ Manisa , Olt , O THERS PRESENT : .. .. .. . . ... Tompkins County Representative : Frank. Prato Planning Boar- rd Chair : Nancy Weitzel. Members of the Public : Edw . M . Roberts , Joel Gagnon , Scott EU..:tffey , Paul Vi. sct..tso . PLEDGE OF ALLEGIANCE : Supervisor I) .ietr- .ich led all present in the Pledge of Allegiance to the American flag . Approval of June 11 , 1990 Town Board Meeting Minutes A motion was made by CounI..: .i 1 person E. r_ k: str- om and seconded by Cot_trtc. .i. lF:rerson Marisa to approve the June 11 , 1990 Town Board Minutes as presented . Pri_v-i-lege of the Floor : Cart:rl. Sc ' epanski , Town Clerk reported that the Town Clerk ' s office hours for the summer will be in - - .. Tuesday through Friday and 9 - 12 on Saturday . The office willcontinue t he closed on Mondays . Regular hours wi l l resume August 14 199 . , Tompkins County _Board of Representatives Report Tompkins County Representative Frank. F' roto reported on the following : 1 ) Water Well Protection Program ...- Sue Cook has been assigned as the Tompkins County Landfill Protection Committee person to contact in regard to the Water Well Protection Program for I._ andstrom Landfill . Mr- . Prato reported that his proposal for the water well testing protection district includes West Danby residents . Residents who want to be included in the district for well testing should ca .l. l. Ms . Cook at 274 -- 5546 or make a written request . 2 ) Recycling Center- -- The County has received inquiries about the Town of Danby Recycling Center in regard to the hours the center is open , emptying of bins , responsibility of person in charge and when the County should be notified for trash pick. - - ups . • 3 ) Michigan Hollow Road -- Discussions are on going in regard • to swapping Michigan Hollow Road with Tompkins County . 4 ) Bus Service for Denby -.- Bus Service has the Town of Danby . Indi. been approved for Individuals interested in supplying this service should contact Dwight Mengle at the Tompkins County Planning Department for details and bid .information . 5 ) Tax Equalization Tax Proposal. - Thank: Eckstrom for his response to Tompkins you the proposal. from th•1e City of Equalization Tax Rate Schedule . Ithaca for a new Tax Discussion followed in regard to a tax proposal 1 from Kathy West ,of Budget and Finance for Town and County Taxes to be paid in .installments . h ) Tompkins County Code and Charter -- Tompkins County Code and Charter has been revised and a Public Hearing will be • 3S- , Town Board Minutes july 9 , 1990 scheduled for August: or September .I. 990 7 ) Alternatives to Incarceration Program The County has received a grant that will enable a second crew to pick: up trash along roadways . B ) FAA --. The County has received approval of the schematic design for the Tompkins County Airport terminal . 9 ) Tourist Promotion Agency ••- The Tourist Promotion Agency Advisory Board has designated thie Chamber of Commerce as the Tourist Promotion Agency for 1990 . 10 ) 'Trash Tags -.. There will be subsidy for the purc_ h•iase of trash tags for eligible persons t: hr•• ot..rgh, the Tompkins County Dc. t... ent. of Social. Services . 11 ) Psychiatric Center - -• The center is looking for psychiatrists to serve the center . REVISED RAPTOR HEIGHTS PLANNED DEVELOPMENT DISTRICT,_ PROPOSAL : S cott. Hof fay submitted the Town Board with a revised Planned D evelopment I:> i. stri. c: t for the rr• i. sanz .i. o Subdivision and asked the Town Board to refer the proposal to the Town of Danby Planning B oard for review . Mr „ F-loffay presented the Town Board with blue prints and described the new proposal . COMMUNICATIONS : S enior Citizens - Letter to Danby Town Board from the Danby S enior Citizens in regard to a need for senior housing in the Town of Danby . Thii. s letter was i. r•i response to a proposal for senior hiousing from Mr . William Frandsen . Counc_ .i. l. person Schwartz will be in contact. wi. t. h•i Mr . Frandsen . James Meson -•- Tompkins County Commissioner of Planning sent a memo in regard to thie revised Tompkins County Charter and Code . Assemblyman Martin Luster - - Letter acknowledging receipt of thie Town of Danby Town Board resolution ar•id memorandum regarding the proposal to allow thie It. hiar_: a City School. District to utilize th•ie county equalization rage . Proposed Taxes in Installments - Kathy M . West Director , Tompkins County Division of Budget and finance -• Memo in regard to Proposed Taxes in Installments . S upervisor Dietrich reported that the F' ropoted Taxes in Installments will be addressed under New Business . Town Hall Front Doors - Memo from the Town of Danby Code E nforcement Officer in regard to the condition of the Towr•i of D anby Town Hall front doors . Mr . Staley is requesting thsat the doors be repaired . S upervisor Di. et. r.. .ic- hi reported that repairs to the I:) anby Town Hall. will be addressed under Old Business . Natural.._ Heritage Trust Workshop A Regional work. s> hiop w .i. 11 be held for grantees of Legislative Grants t:•. o h•ie1. p facilitation and preparation of proposals on July ..? 7 , 1. 990 in Auburn , NY . Joint Municipal Recreation„ Center .Study - Supervisor Dietrich reported that the Tompkins County Planning Board will help the Town seek and secure funding for the Town of I:) <-:tnby to enable the Towm to , do a feasibility study for a joi. nt•. Municipal Recreation Center Complex between the Town of ithaca and the Town of Dar•iby . Items discussed were a pot, ]. , tennis courts , playing fields , and indoor basketball . ,. c,953- / O/ 3- Town Board Minutes July 9 , 1990 Code Enforcement Officer ' s Report - June 1990 The following Construction Permits were issued by the Code Enforcement Officer for June 1990 : one ( 1 ) new home , one ( 1 ) restoration of historic barn , one ( 1 ) special permit for a temporary construction trailer , two ( 2 ) decks , one ( 1 ) open cut road , one ( 1 ) Town Highway Barn . One renewal building permit was issued . Total building permit fees collected - $ 1 , 244 . 50 for a construction value of $ 424 , 050 . 00 . Five ( 5 ) Certificates of Occupancy were issued . Planning Board Report : Planning Board Chair , Nancy Weitzel reported that there is a vacancy on the Town of Danby Planning Board . Senior Citizens Report Edw . Roberts reported that the Senior Citizens held a night picnic on June 28 , 1990 and attended a play in Auburn entitled " Annie Get Your Gun " and will return on August 2 , 1990 to see " My Fair Lady " . OLD BUSINESS : Resolution # 57 of 1990 Resolution # 53 of 1990 - Raise From Table Distribution of Town and County Tax Monies to Fund the Danby Fire District By Councilperson Oltz : Seconded by Councilperson Marisa RESOLVED , That Resolution # 53 of 1990 - Distribution of Town and County Tax Monies to Fund the Danby Fire District be raised from the table for discussion . A roll call vote on the resolution resulted as follows : Eckstrom Aye Oltz Aye Marisa Aye Schwartz Aye Carried Unanimously Resolution # 53 of 1990 Distribution of Town and County Tax Monies to Fund the Danby Fire District By Councilperson Oltz : Seconded by Councilperson Eckstrom WHEREAS , the Town of Danby Fire District has required in writing that a more equitable system of paying tax monies due the district be adopted by the Town of Danby in order that the Denby fire District obligations can be met without necessitating borrowing monies to do so ; and WHEREAS , the Fire District budget is completely funded by the Town of Danby Town and County tax receipts ; and WHEREAS , the official records of the Town have been researched and the information obtained indicates that there is no consistent or equitable system used to fund the Danby Fire District budget ( see attached results of research to be made a. part of this resolution) ; and WHEREAS , the Town Bookkeeper has stated that she is unaware of the needs of the Fire District at any paint in time and has not developed a systematic procedure of funding their budget ; and now therefore , it is hereby RESOLVED , That the Danby Fire District budget be funded by tax monies received by the Town in the following manner : 50 % of the amount due in February and 507. or the balance in March of the year being funded . 4 Town Board Minutes July 9 , 1990 D iscussion on the resolution followed . Supervisor Dietrich stated that we needed some language included in the resolution so that the Town would not have to borrow money t o pay the Fire District tax monies . We should not pay the Fire D istrict their share of tax monies until it has been collected . Councilperson Eckstrom stated that the Town ' s intention has always been to pay the Fire District as soon as we can and would like to turn over Fire District funds on a prorated basis . Council. ersorn stated that the reason she wrote R resolution^- with the balance of Fire District monies to be paid in March is because the Town has never been so short of funds that the Fire District could not be paid by the date stated in the resolution . Further discussion followed in regard to how the Fire. District should be paid tax monies . Amending Resolution # 53 of 1990 Distribution of Town and County Tax Monies to Fund the Danby Fire D istrict By Councilperson Eckstrom : Seconded by Councilperson Schwartz WHEREAS , the Town of Danby Fire District has required in writing t hat a more equitable system of paying tax monies due the d istrict be adopted by the Town of Danby in order that the Danby fire District obligations can be met without necessitating borrowing monies to do so ; and WHEREAS , the Fire District budget is completely funded by the Town of Danby Town and County tax receipts ; and WHEREAS , the official records of the Town have been researched and the information obtained indicates that there is no consistent or equitable system used to fund the Danby Fire D istrict budget ( see attached results of research to be made a part of this resolution ) ; and THEREFORE , BE IT RESOLVED , That the Danby Fire District Budget be funded no less than the prorated amount of tax monies collected by January 31st . This payment will be made on or about February 15th of each year . The Balance of the Fire District Budget will be funded by March 31st of each tax year . A roll call on resolution # 53 of 1990 as amended resulted as follow : Eckstrom Aye Marisa Aye O 1. tz Aye S chwartz Aye D ietrich Aye Carried Unanimously Proposed Town and County Taxes in Installments Councilperson Eckstrom reported that the following resolution is to reaffirm the Town ' s position in regard a proposal by Tompkins County for Town and County Taxes to be paid in installments . Resolution it 58 of 1990 Request to Tompkins County Board of Representatives to Not Adopt The Tax Installment Program B y Councilperson Eckstrom : Seconded by Councilperson Oltz WHEREAS , The Tompkins County Director of Budget and Finance has d emanded that all Towns recertify their position on the proposed t ax installment program . WHEREAS , The current practice of single payments has been wisely 357 5 Town Board Minutes July 9 , 1990 established by prior legislatures . Among its is that it is uniformly fair to taxpayers principle features all private citizens , commercial establishments and inve _ torsaaiike , Further the lib; e , current method is simple and fair to the municipalities which must administer the ta. t, collections , WHEREAS , It is not the rule , nor should it ever be , for local governments to circumvent the role of fiduciary institutions to provide escrow accounts and loans to tax payer their- annual. tax obligations . s in support of WHEREAS , The Town of Danby Town Board has previously acted on this proposal and little has changed that would alter the Board ' s previous findings . THEREFORE , BE IT RESOLVED , That the I-own Board of the Danby requests the Tompkins County vown o y Board of Representatives no Town to adopt the tax installment program . If such a program were adopted by the Board of Representatives the Town of Danby would be involuntarily compelled by Tompkins County to alter its method of tax collection in accordance with rules and regulations that the Town ' s elected representatives do not endorse . A roll call vote on the resolution resulted as follows = Eck. strom Aye Marisa Aye Oltz Aye Schwartz Aye Dietrich Aye Carried Unanimously Estimates for Town Hall Painting an�_d Repairs_ Supervisor Dietrich reported that estimates for painting Ed Roberts has received estimates will be submitted toe the rTown BoardvforHconsideratio of consideration . v NEW BUSINESS : . Raptor _Heights Planned De__. velopment District Resolution it 59 of 1992 Proposed Rotor Heigh ts Planned Development_ District t� ; Referral to Planning Board By Councilperson Schwartz : Seconded by WHEREAS , the developers of the ?' Supervisor Dietrich Development District have s proposed Raptor Heights Planned Danby Town Board ; submitted a new proposal to the Town of now therefore BE IT RESOLVED , That the Town Board of the recommends the Town of Denby Planning Roard consider of Danby Raptor Heights Planned Development District proposal . the new w Discussion followed in regard to procedure for this proposal . A roll call vote on the resolution resulted as follows : Eckstrom Aye Marisa ❑ 1tz Aye Aye Schwartz Aye Dietrich Aye Carried Unanimously Counci 1per"son Schwartz asked when the developers present the new d4elopers were going to proposal for Raptor Heights Planned Development District to the Planning Board . Planning Board Chair , Nancy Weitzel stated that the Raptor 6 Town Board Minutes July 9 , 1990 Heights Planned Development District is not on the - July Planning Board Agenda and that - it ' may be Septefber or October before they can review the new proposal . Councilperson Schwartz recommended that the neighbors of the Proposed Raptor Heights Development be included in the process Revenue Anticipation Note Resolution *60 of 1990 REVENUE ANTICIPATION_NOTE RESOLUTION . OF JULY 9_, 1990 , FOR THE ISSUANCE OF THE NOTE OF THE TOWN OF DAN_BY . NEW YORK , IN THE AMOUNT OF $ 13 , 600 . 00 , IN ANTICIPATION OF THE COLLECTION OF REVENUES DURING THE FISCAL YEAR COMMENCING DECEMBER 31 , 1990 By Supervisor Dietrich : Seconded by Councilperson Oltz BE IT RESOLVED this 9th day of July , 1990 , by the Town Board of the Town of Danby , New York as follows : SECTION I : The Town of Danby , New York , in anticipation of the collection of revenues to be received during the fiscal year commencing December 31 , 1990 , and pursuant to the Local Finance Law of the State of New York , including Sections 25 and 79 thereof , shall issue and sell a Revenue Anticipation Note in the amount of $ 13 , 600 . 00 , to mature no later than one year from the date of issuance . The date of maturity of such note shall not and does not extend beyond the applicable period provided by Section 25 . 00 of the Local Finance Law for the maturity of such Notes , to wit : beyond one year from the date of issuance . SECTION II : Such note shall be issued in anticipation of the collection and receipt of moneys from the State of New York . to be paid in part by the County of Tompkins for youth services for residents of the Town of Danby , New York pursuant to an agreement between the Town of Danby and the County of Tompkins dated January 1 . 1990 in part by the Ithaca City School District for an after school program pursuant to an agreement between the Ithaca City School D istrict and the Town of Danby dated July 9 , 1990 , and in part by the Division for Youth pursuant to an agreement between the Division for Youth and the Town of Danby dated J anuary 1 , 1990 , such revenues due and payable in and for the fiscal year 1990 - 91 . SECTION III : The amount of uncollected revenues against which such note is authorized to be issued is the sum of $ 13 , 600 . 00 in anticipation of the payment of New York State funds by the County of Tompkins in the amount of $ 7 , 000 , 00 by the Ithaca City School District in the amount of $ 5 . 000 . 00 and by the Division for Youth in the amount of $ 1 , 600 . 00 . SECTION IV : The full faith and credit of the Town of Danby , New York are pledged to the punctual payment of principal and interest of said Note . SECTION V : Except as herein specifically prescribed , the N ote shall be of the date , terms , form , contents , and place of payment as may be determined by the Town Supervisor , consistent , however , with the provisions of the Local Finance Law of the State of New York , and at a rate of interest not exceeding six and one half percent ( 6 . 5% ) per annum . The Note shall be executed in the name of the Town of Danby by its Supervisor and the seal of the Town shall be attached thereto . SECTION VI : The Note shall be sold at private sale by the Town Supervisor at a price of not less than par value and accrued interest , if any . Upon the due execution of the Town Board Minutes July 9 , 1990 sale of the Note , the same purchaser ( s ) r� shall be delivered to the upon the payment by said purchase ( s ) of the purchase price in rash to the Town of Danb shall. be registered in the name of the purchaser ruco haser on the of the Town of e Danby . The Note may be called for redemption on any date prior to maturity after giving at lease thirty ( 7. 0 ) days notice of the publication of such notice in a financialenewsraperption by Town of Danby , or if this Note 19 registered , P - of the written notice to the registered holder a t a ' ry mailing in the books of the at he address shown Town of Danby , Tompkins County , New York , and _interest shall ro � Se to he paid hereon after such Slate of redemption . The receapt of the Town Supervisor shall be a full acquittance to such purchaser ( s ) who shall not be ' obligated to see to the application of the purchase money . SECTION VII : This resolution shall take effect immediately . Supervisor Dietrich explained this resolution is obtain funds for the 1990 Town of Da . necessary to for the Town ' s 1990 programs Danby Youth Programs . Revenues F 9 will 1. not be received until later in 1990 or early 1491 . 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 Motion to Clean the Town Hall Carpets The Town Clerk has requested office car et perm ' ssion to have the Town Hall r_ .leaned . A motion was by Council P made b Council eson , erson Eckstrom and seconded by p - Schwartz to authorize the funds from A162r? . 4 for the , h - Town Clerk to expend office carpets . purpose of cleaning the Town Hal )_ A roll call vote on the motion resulted as follows : Eckstrom Aye Marisa Oltz Aye Aye Schwartz Dietrich Aye Aye Carried Unanimously Motion to Aopro__ypewriter Service Contract The Town of Danby purchased an IBM 30 in January 1990 and the typewriter from FBM , Inc . warranty is due to expire in July 1990 . A motion was made by Council person Eckstrom Coy tnci 1 person Schwartz to approve p trom and seconded by Service Contract with FBM for the IBM toe • One Year Typewriter typewriter . A roll call vote on the motion resulted as follows : E ckstrom Aye • Marisa Aye O ltz Aye Schwartz Aye Dietrich Aye Carried Unanimously ge98 B Town Board Minutes July 9 , 1990 Approval of Warrants Highway Fund Warrant #7 of 1990 A motion was made by Councilperson Eckstrom and seconded by Councilperson Schwartz to approve the Highway Fund Warrant # 7 of 1990 in the amount of $ 18 , 804 . 95 . Discussion followed and the Town of Danby will seek bids for the purchase of gravel and crushed gravEls A roll call vote on the motion resulted as follows : E ckstrom Aye Marisa Aye O ltz Aye S chwartz Aye D ietrich Aye Carried Unanimously West Danby Water District Fund Warrant #7 of 1990 A motion was made by Councilperson Marisa and seconded by Councilperson Schwartz to approve West Danby Water District Fund Warrant 47 of 1990 in the amount of $ 451 . 24 . A roll call vote on the motion resulted as follows : Eckstrom Aye Marisa Aye nl tz Aye S chwartz Aye D ietrich Aye Carried Unanimously General Fund Warrant # 7 of 1990 A motion was made by Councilperson Schwartz and seconded by Councilperson Marisa to approve the General Fund Warrant # 7 of 1990 in the amount of $ 3 , 168 . 67 . A roll call ' vote on the motion resulted as follows : E ckstrom Aye Marisa Aye O ltz Aye S chwartz lye D ietrich Aye Carried Unanimously New Highway Barns Warrant #2 of 1990 A motion was made by Councilperson Oltz and seconded by Councilperson Eckstrom to approve the New Highway Barns Warrant # 2 of 1990 in the amount of $ 48 , 211 . 85 . A roll call vote on the motion resulted as follows ; Eckstrom Aye Marisa Aye n lfz Aye Schwartz Aye D ietrich Aye Carried Unanimously Chips Fund Warrant #3 of 1.990 A motion was made by Councilperson Oltz and seconded by Councilperson Schwartz to approve the Chips Fund Warrant # 3 of 1990 in the amount of $ 1 , 138 . 53 . SP / 9 Town Board Minutes July 9 , 1990 A roll tall vote on the motion resulted as follows : Eckstrom Aye Marisa Aye 01_ t ; Aye S chwartz Aye Dietrich Aye Carried Unanimously Approval of Town Clerk ' s June 1990 Report_ A motion was made by Councilperson Eckstrom and seconded by • Councilperson Marisa to approve the Town Clerkrs June 1990 Report as presented . A roll call vote on the motion resulted as follows : Eckstrom Aye Marisa Aye O lt = Aye Schwartz Aye D ietrich Aye Carried Unanimously ADJOURNMENT : On a motion the Town Board Meeting adjourned at 10 : 35 F . M . atiWi — Carol W . Scz `#" ski , Town Clerk