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Home My WebLink About1991-09-09 .549 1 Town Board Meeting September 9 , 1991 TOWN OF DANBY TOWN BOARD MEETING MINUTES Regular Meeting 7 : 30 P . M . September 9 , 1991 PRESENT : Supervisor Dietrich Councilpersons : Eckstrom , Marisa , Oltz , Schwartz OTHERS _PRESENT : County Representative - Proto Highway Superintendent - Coddington Town Clerk - Sczepanski P lanning Board Chair - Weitzel Board of Zoning Appeals Chair - Owens - Roe Fire Department Liaison - Genter Members of the Public : E dw . M . Roberts , Joel Gagnon , Karel Sedlacek , Ray Axtell , Rosa Lee Johnson , Roy Casterline P LEDGE OF ALLEGIANCE : Supervisor Dietrich led all present in the Pledge of Allegiance to the American flag . APPROVAL OF AUGUST 12 , 1991 TOWN BOARD MEETING MINUTES : A motion was made by Councilperson Marisa and seconded by Councilperson Schwartz to approve the August 12 , 1991 Town Board Meeting Minutes as published . A roll call vote on the motion resulted as follows : E ckstrom Aye Marisa Aye O ltz Aye Schwartz Aye D ietrich Aye Carried Unanimously ADDITIONS TO THE AGENDA_ Supervisor Dietrich requested the addition of an item under New Business - Bridge Over Miller Creek on LaRue Road - discussion . N o Board Member objected . P RIVILEGE OF THE FLOOR : Councilperson Marisa announced that Penny Dietrich will be the new editor of the Danby Area News . County Representative Report : Tompkins County Representative Proto reported on the following : 1 ) County Budget - There may be a 10 % increase in the Tompkins County Budget . A Budget Hearing will be held in November . 2 ) Volunteer Firefighters Training - Tompkins County is working on a payment system through TC - 3 to allow installment payment by fire company ' s for emergency training courses . Representative Proto has presented a proposal to the Public Safety Committee for the County to pay for the cost of books for Emergency Medical Technician Training . 3 ) Tompkins County Airport - The County received confirmation from Congressman McHugh that funding for Tompkins County Airport will be forthcoming in phases as the project is built . Sip 2 Town Board Meeting September 9 , 1991 4 ) PART 75A - NEW YORK STATE SEPTIC AND SEWAGE REGULATIONS - Tompkins County Board of Health Committee will request a blanket waiver from New York State for eighteen ( 18 ) areas in the New York State Septic and Sewage Regulations - Part 75A . Discussion followed regarding Part 75A of New York State Septic and Sewage Regulations and landowners right to appeal . Representative Proto said the new septic and sewage regulations were passed by New York State Department of Health in January 1990 effective December X31 , 1990 . Tompkins County has not adopted the new regulations as part of the Tompkins County Sanitary Code at this time . 5 ) Libraries - Tompkins County is proposing that Tompkins County Library help the reading rooms put together a providing a better selection of children ' s books . plan for 6 ) Trash Haulers - Tompkins County Representatives have revised the local law that requires trash haulers to cover materials when in route to the landfill . 7 ) DR - 7 Landfill Site - Court case was heard last week and a decision will be rendered within two ( 2 ) months . Members of the Public : Bill Genter - 1792 Danby Road said the Park and Ride in Danby is going well and asked if a bus shelter could be built at the Fire Department bus stop . Discussion followed and Mr . Genter will discuss the need for a bus shelter with the fire department . Karel Sedlacek - 7 Valley View Road , West Danby , NY addressed the Board and said he has concern that the bridge on Valley View Road is deteriorating and asked if it could be checked for safety . Mr . Sedlacek also asked the Town to look into the old Town Grange property for a recreation area for West Danby children . Superintendent Coddington said he would check the Valley View Road bridge . Supervisor Dietrich will check with our Town Attorney regarding the status of the West Danby Grange property . Joel Gagnon - 2353 Spencer Road , West Danby asked when the West Danby Methodist Cemetery was going to be mowed . Supervisor Dietrich responded that there is a committee who will be looking at all the Town of Danby cemeteries . Rosa Lee Johnson - 580 East Miller Road asked the Board where the Town is regarding the writing of a new zoning ordinance . Supervisor Dietrich responded that a proposed zoning ordinance will be ready to go to the Planning Board in approximately three ( 3 ) weeks . COMMUNICATIONS : 1 ) General Electric Capital Corporation Application for Partial Release of Collateral confirmation for West Danby Fire District . 2 ) Resolution for West Danby Fire District Proposal request for land release . 3 ) American Community Cablevision regarding ACC ' s supertier service . 3 Town Board Meeting September 9 , 1991 4 ) Communication from Assemblyman Luster regarding the CHIPS reimbursement schedule . 5 ) Danby Fire District Minutes - May , June and July 1991 6 ) Affidavit Regarding Attorneys Fees in the matter of Rick Dobson v . Bernard H . Hogben , ET AL . O THER REPORTS : H ighway Superintendent Coddington reported the Town has received forms from New York State for CHIPS reimbursement . Senior Citizen ' s Edward M . Roberts reported on Senior Citizen activities for August and said that two ( 2 ) trips are planned for September . Code Enforcement Officer ' s August 1991 Report There were permits issued for one ( 1 ) addition , one ( 1 ) deck , one ( 1 ) renovation , one ( 1 ) Fish Farm / Ag . , one ( 1 ) two car garage and two ( 2 ) storage sheds in August 1991 . Fees of $ 804 . 50 were ✓ eceived for a total construction value of $ 180 , 740 . 00 . D iscussion followed regarding the difference between assessed value o f finished construction and the value of construction . Also d iscussed was the fees are charged for building permits . D og Control Officer ' s Report ' s D og Control Officer ' s reports were submitted September 9 , 1991 for the months of May , June , July and August 1991 . Fire District Report : William Genter submitted the Fire District Minutes for May , June and July 1991 , the Annual Report of Danby Fire District , and a letter from Attorney Jack Ward regarding the court action in the matter of Rick Dobson v . Bernard H . Hogben , ET AL . Mr . Genter ✓ eported that the Danby Fire Department was charged an obligation of $ 0 . 00 ( zero dollars and zero cents ) to the plaintiff . The Fire D istrict considers themselves the prevailing party and will petition the court in an effort not to pay the plaintiff ' s expenses based on the verdict . D iscussion followed regarding the court action and expenses . The Fire District Annual Budget Request for Fiscal Year 1992 has is completed and will be submitted to the Town of Danby Fiscal Officer by September 20 , 1991 . O ther Reports : Building Custodian E dward M . Roberts reported on the following : 1 ) Carpet was installed in the upstairs hallway ; 2 ) Siding on back of the Town Hall was replaced ; 3 ) Town Hall back stairs have are primed and are ready to paint ; 4 ) Painting of the Town Hall will begin September 16 , 1991 . NEW BUSINESS : Request For Land for West Danby Fire Station : Supervisor Dietrich reported that the West Danby Fire District has requested land from the West Danby Water District to build a new fire station . 4 Town Board Meeting September 9 , 1991 Discussion followed and a letter from the West Danby Water District and the West Danby Fire Commissioners will be provided to the Town of Danby by the Fire District . RE_SOLUTI_ON_ # _53 OF_ 1991 TRANSFER OF LAND FOR WEST DANBY FIRE DISTRICT _APPROVAL By Supervisor Dietrich : Seconded by Councilperson Marisa WHEREAS , The Town Board of the Town of Danby , Tompkins County , New York , recognizes the need for a new Fire Station at West Danby ; and WHEREAS , The West Danby Water District has land that could be available where a Fire Station could be build , as depicted as Sylvan Lane , Tax Map No . 18 . - 1 - 17 . 1 , and WHEREAS , The Board of Fire Commissioners , Danby Fire District , Town of Danby , Tompkins County , New York is willing to place monies for an additional water pump and back - up power to the water system for said Water District in a Certificate of Deposit Account upon final approval of citizens of the Town of Danby , for construction of said Fire Station ; and WHEREAS , The Board of Fire Commissioners , Danby Fire District , will pay the cost of surveying and transferring of said land ; now therefore be it RESOLVED , That the Town Board of the Town of Danby , Tompkins County , New York , give the land to the Board of Fire Commissioners , Town of Danby , Tompkins County , New York approximately 2 . 5 acres + / - of land for the construction of a Fire Station at said property Tax Map No . 18 . - 1 - 17 . 1 at the West Danby Water District for a cost of $ 1 . 00 . Supervisor Dietrich said that we have received Release of Collateral confirmation from General Electric Capital Corporation . A roll call vote on the resolution resulted as follows : Eckstrom Aye Marisa Aye O ltz Aye Schwartz Aye D ietrich Aye RESOLUTION_ # 54 Carried Unanimously APPOINTMENT OF VOTING MACHINE CUSTODIAN By Supervisor Dietrich : Seconded by Councilperson Schwartz WHEREAS , The Town of Danby has a vacancy for Voting Machine Custodian , and WHEREAS , Mr . Edward M . Roberts has completed the Course of Instruction in the maintenance of voting machines , now be it RESOLVED , That the Town of Danby Town Board approvs the appointment of Edward M . Roberts as Voting Machine Custodian for the Town of Danby for 1991 . 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 S3 5 Town Board Meeting September 9 , 1991 RESOLUTION # 55 OF 1991 TRANSFER OF FUNDS By Supervisor Dietrich : Seconded by Councilperson Oltz RESOLVED , That the Town of Danby Town Board approve the following transfer of funds : $ 3 , 150 . 00 from Account A1650 . 2 to Account A1420 . 4 $ 2 , 500 . 00 from Account A1620 . 4 to Account A1420 . 4 $ 3 , 500 . 00 from Account A9010 . 8 to Account A1420 . 4 to pay outstanding legal fees , and $ 411. 00 . 00 from Account A8020 . 1 to Account A8020 . 4 t o pay Planning Board and BZA Secretarial fees , and $ 1 , 300 . 00 from Account A1650 . 1 to A8010 . 4 net based on the originally adopted budget and revised budget of $ 3 , 700 . 00 in A1650 . 1 , leaving a net of $ 3 , 600 . 00 in A8010 . 4 . A roll call vote on the Resolution resulted as follows : Eckstrom Aye Marisa Aye O ltz Aye Schwartz Aye D ietrich Aye Carried Unanimously B rie Over Miller Creek - Engineering Study Supervisor Dietrich presented the specifications submitted by T . G . Miller Engineering for the repair of Bridge Over Miller Creek located near the Speech Clinic on LaRue Road . Supervisor Dietrich explained that this item is a CHIPS project for 1992 . D iscussion followed regarding the weight limit restrictions and the condition of the bridge . The engineering study and the specifications for the Bridge Over Miller Creek has been submitted by T . G . Miller and are on file in the Danby Town Clerk ' s Office . APPROVAL OF WARRANTS : Approval of CHIPS Fund Warrant # 1 of_1991 A motion was made by Councilperson Schwartz and seconded by Councilperson Marisa to approve the CHIPS Fund Warrant # 1 of 1991 in the amount of $ 1 , 265 . 23 . A roll call vote on the motion resulted as follows : E ckstrom Aye Marisa Aye O ltz Aye Schwartz Aye D ietrich Aye Carried Unanimously Approval of General Fund Warrant # 9 of 1991 A motion was made by Councilperson Marisa and seconded by Councilperson Schwartz to approve the General Fund Warrant # 9 of 1991 in the amount of $ 5 , 475 . 57 . 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 c53V 6 Town Board Meeting September 9 , 1991 Approval of Highway Fund Warrant # 9 of 1991 A motion was made by Councilperson Oltz and seconded by Councilperson Schwartz to approve Highway Fund Warrant # 9 of 1991 in the amount of $ 9 , 150 . 47 . A roll call vote on the motion resulted as follows : Eckstrom Aye Marisa Aye Oltz Aye Schwartz Aye Dietrich Aye Carried Unanimously Approval of West Danby Water District Fund Warrant arrant # 8 of 1991 A motion was made by Councilperson Eckstrom and seconded by Councilperson Marisa to approve the West Danby Water District Fund Warrant # 8 in the amount of $ 147 . 55 . A roll call vote on the motion resulted as follows : Eckstrom Aye Marisa Aye Oltz Aye Schwartz Aye Dietrich Aye Carried Unanimously Approval of the July 1991 Supervisor ' s Report A motion was made by Councilperson Marisa and seconded Councilperson Schwartz to approve the July 1991 Supervisor ' s Reporrt as submitted . A roll call vote on the motion resulted as follows : Eckstrom Aye Marisa Aye Oltz I Aye Schwartz Aye Dietrich Aye Carried Unanimously Motion to Table August 1991 _ Su ervisor ' s Report A motion was made by Councilperson and Councilperson Oltz to table the August 1991 Marisa until the October 1991 Town Board Meeting . A roll call vote on the motion resulted as follows : Eckstrom Aye Marisa Aye Oltz Aye Schwartz Aye Dietrich Aye Carried Unanimously APQroval of the August 1991 Town Clerk ' s Report A motion was made by Councilperson Oltz and seconded by Councilperson Schwartz to approve the August 1991 town Clerk ' s Report as submitted . 7 Town Board Meeting September 9 , 1991 A roll call vote on the motion resulted as follows E ckstrom Aye Marisa Aye O ltz Aye Schwartz Aye D ietrich Aye Carried Unanimously ADJOURNMENT : On a motion the September 9 , 1991 Town Board Meeting adjourned at 9 : 45 P . M . 6L1W: / 6 mfrs _ Carol W . fiV tepanski Town Clerk MMMMMIMnsminmm