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HomeMy WebLinkAbout1991-07-08 1 (:; Town Board Minutes July 8 , 1991 TOWN OF DANBY TOWN BOARD MEETING Regular Meeting 8 : 00 P . M . July 8 , 1991 PRESENT : Supervisor Dietrich Councilpersons : Eckstrom , Marisa , Oltz , Schwartz Others Present : Town Clerk - C . Sczepanski County Representative - F . Proto Planning Board Chairperson - N . Weitzel Members of the Public : Mary Casterline , Roy Casterline , Herb Engman , Jim Hovanec , Marge Hovanec , Mike Kane , Edw . M . Roberts Supervisor Dietrich called the meeting to order at 8 : 00 P . M . PLEDGE OF ALLEGIANCE : Supervisor Dietrich led all present in the Pledge of Allegiance to the American flag . Approval of June 10 , 1991 Town Board Minutes A motion was made by Councilperson Marisa and seconded by Councilperson Oltz to approve the June 10 , 1991 Town Board Minutes as published . A vote on the motion resulted as follows : E ckstrom Aye . Marisa Aye O ltz Aye Schwartz Abstained • Dietrich Aye • Carried Additions to the Agenda : 1 ) Councilperson Marisa requested the addition of an item under New Business - Award of Paint Bids - Resolution • 2 ) Councilperson Eckstrom requested the addition of an item under New Business - Support of Tompkins County Local Law C - Resolution . N o Board Member objected . P rivilege of the Floor : Proposed Zoning Ordinance Correspondence Town Clerk Carol Sczepanski reported that she has received approximately 32 letters from individual land owners requesting their properties be exempted from any zoning which restricts lot sizes other than is currently required by the Tompkins County Health Department . The letters ask her to refer this letter to both the Planning Board and the Town Board of the Town of Danby . Supervisor Dietrich said that the Planning Board is entertaining the first fifteen ( 15 ) minutes of their meetings to residents wishing to address issues in regard to the new proposed zoning ordinance . Certificate - New York State Newspaper Project Supervisor Dietrich announced that the Town Clerk of the Town of Danby has received a Certificate of Appreciation on behalf of the New York State Newspaper Project . The newspaper collection of the Danby Town Clerk has been cataloged , reported and included as part of the National U . S . Newspaper Program database . • • i' . E 2 - Town Board Minutes ( July 8 , 1991 County Representatives Report : Representative Proto reported on the following : 1 ) Tompkins County Airport - Airport Terminal Project is within or near projected budget . 2 ) Rabies - Rabies has been reported in Tioga County . A special clinic was held at the SPCA in June . 3 ) N . Y . S . Septic Regulations Part 75 - A - N . Y . S . - Tompkins County H ealth Committee has completed their review of the NYS septic regulations . Suggested revisions be sent to the County Health D epartment and New York State . The new regulations are not in effect in Tompkins County . 4 ) Tompkins County Library the need for more space is being assessed . 5 ) Reapportionment - is based on population numbers for City Wards . 6 ) Establishment of Highway Permits - A new fee schedule has been adopted by Tompkins County . 7 ) Hazardous Waste Clean - up - A household hazardous waste clean - up day will be held this fall . 8 ) Hillview Road Landfill - The Landfill Committee is reviewing the closure plan for Tompkins County Landfill . The center well at the landfill is showing pollutants and will impact the way the closure plan is written . Discussion followed in regard to the center monitoring well . 9 ) Tompkins County Local Law C -A Public Hearing will be held at Tompkins County Court House on Tuesday , July 9 , 1991 at 5 : 00 P . M . Discussion followed : Members of the Public : , Edw . M . Roberts of Bald Hill Road - asked the Town Board to encourage the installation of natural gas on Bald Hill Road . Michael Kane of 660 Fox Hollow - referred to an article in the Ithaca Journal in regard to the restraining order for Michigan H ollow and asked for an update . D iscussion followed : Supervisor Dietrich reported that the Town of Danby served the State of New York on Friday , July 5 , 1991 with a restraining order to halt the spraying of project in Michigan Hollow Swamp and we are waiting for their response . Councilperson Eckstrom said that either the Town will . loose the restraining order and the spraying will occur next week or we maintain the restraining order and are compelled to enter into . a SEQR process that will take no less than forty - five ( 45 ) days . Councilperson Schwartz said that the New York State Health Department chose Michigan Hollow Road Swamp because they needed a wetland that had the same species of mosquito that carries the encephalitis virus but was not infected . Councilperson Marisa said that part of the reason for a restraining order was for the Town to get more information . He also said that New York State has ordered a large quantity of one of the chemicals ( approximately 400 times more than needed for the study ) . • SI,, , 3 Town Board Minutes July 8 , 1991 Jim Hovanec 108 Olde Towne Road - commented on the new Health Department Regulations and said that the cost of septic systems have more than doubled in the past year since the new codes have been in effect . He said that it has made a substantial difference in the way he does business as the new regulations are very costly . If the Town goes to a five - acre density for building or five acre lots the cost is more than a first time homebuyer can afford . Discussion followed in regard the New York State Building Code Regulations for Septic and the expense to homeowners and builders . Councilperson Schwartz asked Mr . Hovanec - - 1 ) if he built houses out of Tompkins County and if their regulations were as rigid , and 2 ) if he thought there was a perception that the proposed five ( 5 ) acre zoning was going to cover the entire town . Mr . Hovanec said that he builds in Seneca , Schuyler and Tioga Counties and it is totally different and much easier because the building codes were not as strict and permits were easier to obtain . Mr . Hovanec said he thought that the perception of the new proposed zoning map was more the idea thatthe Town was taking away their freedom of choice . Councilperson Eckstrom said that he has heard that other counties have not taken as rigid interpretation of the state codes . Discussion followed on Tompkins County regulations , building codes and lot size requirements needed to accommodate sewage systems . Herb Engman of South Danby Road said he thinks the entire Town should be congratulated for the halting of insecticide spraying in Michigan Hollow and hopes the DEC finds another place for this study . He also said he is in favor of land spreading of sewage . COMMUNICATIONS : 1 ) Letter of response from Paul Viscuso to Michael Hovanec in regard to the new zoning proposal . 2 ) Letter from Mr . Frandsen in regard to a Senior Citizen Housing proposal . 3 ) Letter from Automatic Data Processing addressing payroll concerns . 4 ) Confirmation from Empire State Speech & Hearing Clinic of reimbursement to the Town for engineering study of the flow rate of Miller Creek under the bridge at LaRue Road . OTHER REPORTS : EMC Report Herb Engman reported on the following : 1 ) The EMC has sent a letter protesting the mosquito spraying project in Michigan Hollow Swamp . 2 ) The EMC has recommended to the Tompkins County Board of Representatives not to seek an extension for the closure of the Landstrom Landfill site . Discussion followed in regard to the effects and cost of the closure of the landfill . Code Enforcement Officer ' s Report - June 1991 Permits were issued in June 1991 for the following : Four ( 4 ) new home construction , two ( 2 ) garages , two ( 2 ) decks , one ( 1 ) inground swimming pool , one ( 1 ) commercial renovation . One ( 1 ) Certificate of Occupancy was issued . Fees in the amount of $ 1 , 552 . 50 were collected . Three ( 3 ) Orders to Remedy Violations were served . 4 , Town Board Minutes July 8 , 1991 D og Control Report - June 1991 N o report received . P ainting of the Town Hall E dw . M . Roberts , Town Custodian reported that he has reviewed all the bids submitted for the painting of the Danby Town Hall . The low bid was received from C . J . Morse Painting . Mr . Roberts reported that he has been in contact with C . J . Morse and has discussed details of the specs for the job . RESOLUTION NO . 39 OF 1991 AWARD OF CONTRACT FOR THE PAINTING OF DANBY TOWN HALL B y Councilperson Eckstrom : Seconded by Councilperson Oltz WHEREAS , The Town of Danby advertized and received bids for the painting of the Town of Danby Town Hall , and WHEREAS , The bids were publicly opened on June 25 , 1991 at 5 : 00 P . M . as advertized , and WHEREAS , The Town Hall Custodian and the Town Board have reviewed all bids received , now , therefore be it RESOLVED , That the Town of Danby Town Board award the contract for the painting of the Danby Town Hall to C . J . Morse Painting of Groton , New York for their low bid in the amount of $ 7 , 900 . 00 . 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 Planning Board Report : Chairperson Weitzel reported on the following : 1 ) The Planning Board Working Group continues to hold working sessions to work on the new zoning ordinance proposal . 2 ) The Planning Board has reviewed and approved the Hovanec Planned . Development District proposal A Public Hearing is scheduled for August 12 , 1991 at 7 : 00 P . M . for the Hovanec Planned Development District Proposal . Automatic Data Processing Corporation Supervisor Dietrich reported that he held a meeting with ADP , the bookkeeper and representatives from ADP . The meeting went well but there were still some unanswered questions . ADP has sent a letter addressing our questions . We still need a person to come from ADP to walk through the process with our bookkeeper so that ADP can see where adjustments must be made to comply with our Municipal Bookkeeping requirements . Supervisor Dietrich will confirm a date with ADP for a representative to assist our bookkeeper and with a payroll . Councilperson Marisa said that the Board has discussed further changes in our accounting system and the potential of purchasing a computer and the Williamson Law Book Accounting system software package for our financial record keeping . RESOLUTION # 40 CONTINUED EVALUATION OF ADP By Councilperson Eckstrom : Seconded by Councilperson Schwartz _ _ Ls/3 Town Board Minutes 5 July . 8 , 1991 WHEREAS , The Town of Danby has contracted with Automatic Data Processing systems for our Town payrolls , and WHEREAS , There are problems with the payrolls and reports submitted by ADP , and . WHEREAS , The Town has requested a representative from ADP bring our payroll in person to observe the problems related to their ✓ eporting system , now be it RESOLVED , That the Town of Danby Town Board continue the evaluation o f the Automatic Data Processing system . A roll call vote on the resolution resulted as follows : E ckstrom Aye Marisa Aye O ltz Aye Schwartz Aye Dietrich Aye Carried Unanimously RESOLUTION II 41 TRANSFER OF FUNDS FROM HIGHWAY FUND ACCOUNT TO THE NEW HIGHWAY BARN ACCOUNT FOR PAYMENT OF BOND ANTICIPATION NOTE By Councilperson Eckstrom : Seconded by Councilperson Marisa WHEREAS , The Tompkins County Trust Company demanded payment of one h alf of the $ 20 , 000 Bond Anticipation Note , and WHEREAS , It is necessary to use funds in addition to the balance o f $ 9 , 624 . 92 left in the Capital Fund for the New Highway Barns , n ow be it RESOLVED , That the Town of Danby Town Board approve the transfer funds in the amount of $ 375 . 08 from . the Highway Fund Account to the N ew Highway Barns account to pay) the $ 20 , 000 Bond Anticipation N ote . ` / a Oj' , 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 NO . 42 OF 1991 APPOINTMENT OF BOARD OF ZONING APPEALS CHAIRPERSON Councilperson Eckstrom : Seconded by Councilperson Schwartz RESOLVED , That the Town of Danby Town Board appoint Elizabeth Owens - Roe of 1820 Danby Road , Ithaca , New York as the Chairperson of the Town of Danby Board of Zoning Appeals for a term to expire on June 30 , 1995 . 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 Town Board Minutes July 8 , 1991 6 D iscussion followed in regard to recommendations from the Board of Zoning Appeals and the Planning Board to fill vacancies on their Boards . RESOLUTION II 43 OF 1991 AUTHORIZATION FOR HIGHWAY SUPERINTENDENT TO SELL ROAD GRADER B y Councilperson Eckstrom : Seconded by Councilperson Oltz RESOLVED , That the Town Board of the Town of Danby authorize the H ighway Superintendent to sell the used 1970 Austin - Western Road G rader Super 300 at the Municipal Public Auction in September 1991 . A roll call vote on the resolution resulted as follows : Eckstrom Aye Marisa Aye O ltz Aye Schwartz Aye D ietrich Aye Carried Unanimously Bridge over Miller Creek - LaRue Road Highway Superintendent Coddington has received a letter from the Empire State Speech & Hearing Clinic , Inc . stating that their Board o f Directors have voted to reimburse the Town of Danby an amount n ot to exceed $ 2800 . 00 ( Two thousand eight hundred dollars ) toward the expense of having a study done to determine the flow rate of Miller Creek under the bridge at LaRue Road . This study is needed so that repairs can be made to increase the load limit of the bridge . Councilperson Schwartz said that this is a New York State protected stream and that the New York State Department of Transportation should do the engineering study without expense to the town . Supervisor Dietrich said that the Department of Transportation has not provided engineering studies on other bridges in the Town of Danby . RESOLUTION # 44 Approval to Expend Funds for Engineering Study - - Flow Rate of Miller Creek Under Bridge at LaRue Road . By Supervisor Dietrich : Seconded by Councilperson Schwartz WHEREAS , The bridge on LaRue Road over Miller Creek in the Town of Danby needs repairs to increase the weight load limit allowed on the bridge , and WHEREAS , It is necessary for an engineering study to be performed to determine the flow rate of Miller Creek at LaRue Road bridge before repairs can be done , and WHEREAS , Highway Superintendent Coddington has received confirmation that the Empire State Speech & Hearing Clinic , Inc' . will reimburse the Town of Danby an amount not to exceed $ 2 , 800 . 00 ( Two thousand eight hundred dollars ) toward the cost of an engineering study , now therefore be it RESOLVED , That the Town of Danby Town Board authorize Highway Superintendent Coddington to have an engineering study done to determine the flow of Miller Creek under the LaRue Road bridge . 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 S-! 45- Town Board Minutes Ju3y 87-1991 - 7 � .� . . RESOLUTION # 45 OF 1991 Tree Dedication for Danby Service Men and Women Who Served in the Gulf By Councilperson Schwartz : Seconded by Councilperson Marisa BE IT RESOLVED , That the Town of Danby Town Board extends their h eartfelt thanks to the men and women from this area who were called to duty and served our Country with pride during the Gulf War crisis , and be it further RESOLVED , That in recognition of their courage and heroism , the Town is presenting , in their honor , at the 9th Annual Danby Fair on July 13 , 1991 , a maple tree , donated by McGuire Gardens , 625 E lmira Road , Ithaca , New York , to be planted at the new Town H ighway Barns this fall . 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 Tompkins County Proposed Local Law C Councilperson Eckstrom said he feels a moral compulsion to show a sign of support for the Tompkins County Proposed Local Law 'C , a local law concerning Tompkins County Fair Practice and introduced the following resolution . RESOLUTION # 46 OF 1991 Support for the Proposed Tompkins County Local Law C B y Councilperson Eckstrom : ? Seconded by Councilperson Oltz WHEREAS , The Tompkins County Board of Representatives will soon be considering adoption of proposed Local Law C , extending minority protection to individuals irregardless of their sexual orientation , and WHEREAS , It is the Ton ' s and County ' s responsibility to provide fundamental protection to its citizens that are in the best interests of public welfare , and WHEREAS , It has been proven many times that expansion of civil protection to minority population , s improves all aspects civil relations and extends personal freedom for the general population at large , not simply the affected minorities , and WHEREAS , The removal of prejudicial barriers ultimately promotes public welfare by promulgating a society wherein all individuals may flourish and contribute uniformly , now ; therefore be it RESOLVED , That the Town of Danby Town Board supports adoption of Tompkins County Local Law C , and further urges its county representative to consider the Danby Town government ' s position regarding actions related to this measure . Discussion followed in regard to Local Law C . Councilperson Schwartz said well written legislation that protects people from intolerant bigots is important but does not understand why g don ' t insert sexual orientation or sexual preference into current legislation and anti discrimination laws . Statee< eges iql-ors Councilperson Eckstrom said that what the proposed Local Law C amends to the end of the list of protected items and explained that what this law is addressing is not fundamentally wrong but provides the same protection to these minorities that are provided to other minorities and that he felt this segment of the population has been underservered and clearly prejudiced against . L574' 8 Town Board Minutes July 8 , 1991 Supervisor Dietrich asked if the Board felt this Local Law C was creating minority status . Councilperson Marisa agreed that he thinks this was creating minority status . Councilperson Schwartz suggested that instead of supporting Local Law C we should urge County , State and Federal Legislatdres to e xpand anti - discrimination legislation to include sexual o rientation tbT 1 current and proposed legislation . Councilperson Eckstrom read a portion of the proposed law and said it is only adding sexual orientation to the list of State and Federal laws that apply to the subject of discrimination . Councilperson Oltz said she thinks we are mandated to death but thinks that we should pass this resolution . Councilperson Marisa said that there is a lot of difference in discriminating against a person and discriminating against behaviors . It is the bringing of those behaviors as legitmate conduct into public institutions which are offensive here . Private institutions would be affected by this law . . A roll call vote on the resolution resulted as follows : Ayes Three ( 3 ) E ckstrom Aye O ltz Aye D ietrich Aye Noes - Two ( 2 ) Marisa Nay Schwartz Nay Carried Councilperson Schwartz stated for the record that if this legislation said extend equal protection to gays and lesbians and o ther minorities . he would support it one 100 % ( one hundred per cent ) and he would urge State , County and Federal legislators to include sexual orientation and sexual preference in all current and future anti - discrimination laws . Approval of Warrants Approval of General Fund Warrant # 7 of 1991 A motion was made by Councilperson Eckstrom and seconded by Councilperson Marisa to approve General Fund Warrant # 7 of 1991 in the amount of $ 3 , 891 . 26 . A roll call vote on the motion resulted as follows : E ckstrom Aye Marisa Aye Oltz Aye Schwartz Aye D ietrich Aye Carried Unanimously Approval of Highway Fund Warrant # 7 of 1991 A motion was made by Councilperson Oltz and seconded by Councilperson Marisa to approve the Highway Fund Warrant # 7 of 1991 in the amount of $ 6 , 657 . 07 . S/ � Town Board Minutes July 8 , 1991 9 . A roll call vote on the motion resulted as follows : Eckstrom Aye Marisa Aye O ltz Aye Schwartz Aye D ietrich Aye Carried Unanimously Approval of West Danby Water District Warrant # 6 of 1991 A motion was made by Councilperson Marisa and seconded by Supervisor Dietrich to approve the West Danby Water . District Warrant # 6 of 1991 in the amount of $ 388 . 70 . A roll call vote on the motion resulted as follows : E ckstrom Aye Marisa Aye O ltz Aye Schwartz Aye Dietrich Aye Carried Unanimously Approval of Supervisor ' s June 1991 Report A motion was made by Councilperson Eckstrom and seconded by Councilperson Oltz to approve the Supervisor ' s June 1991 Report as submitted . Discussion followed : Councilperson Marisa said that he could not approve the report in the present hand written form as he could not read it . A roll call vote on the motion resulted as follows : Ayes ( 4 ) E ckstrom Aye O ltz Aye Schwartz Aye Dietrich Aye Noes ( 1 ) Marisa Nay Carried Approval of the Town Clerk ' s June 1991 Report A motion was made by Councilperson Eckstrom and seconded by Councilperson Marisa to approve the Town Clerk ' s June 1991 Report as submitted . A roll call vote on the motion resulted as follows : Eckstrom Aye Marisa Aye Oltz Aye Schwartz Aye y Dietrich Aye Carried Unanimously ADJOURNMENT : On a motion the Town Board Meeting adjourned at 11 : 05 P . M . Gu c,�c t t Carol W . Sczepanski ,p Town Clerk