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HomeMy WebLinkAbout1993-02-08 181 TOWN OF DANBY TOWN BOARD MINUTES Regular Meeting 8 : 00 P . M . February 8 , 1993 PRESENT : Supervisor Oltz Councilpersons : Hite Marisa , Miller , Schwartz Others Present : P lanning Board Chair - Nancy Weitzel County Representative - Frank Proto Code Enforcement Officer - Susan Beeners B oard of Zoning Appeals Chair - Edward Inman Town Clerk - Carol W . Sczepanski Members of the Public : H oward Steiner , Jeff Jordan , Virginia Bennett , Linda Sczepanski , Sue Eyerly , Donna Collins , Joel Gagnon , Dave Collins , Andrea Maher , Roy Casterline , Carle Ballo , Fran Ballo , Barbara Goodwin , Susanne Hinch , William T . Genter , Juddson Leonard , Patricia Hess , David. Krebs , Dan Bushy , J . D . Bridge , Joshua Siegel , Andrew Weinberg , Brett Rosenbloom , Ross Watson , Cory Bank , Jacob Steh , Steven Andrew Weiskopf , Jeremy Molish , Jim Turk , Julie Coulombe , Mary Lou Hardesty , Robert Gramer , David J . Miller , Ed . M . Roberts , Carol Benjamin , Jennifer Sczepanski , and others . ( Several members of the public present were from Delta Sigma PHI - Ithaca College ) Supervisor Oltz called the meeting to order at 8 : 00 p . m . and led all present to the Pledge of Allegiance to the American Flag . County Representative Report : County Representative Frank Proto reported on the following : 1 ) User Fee - User Fee Law was passed by the Board of Representatives but they did not pass the actual fee categories . 2 ) Board of Health Committee - is reviewing part 75 - A of N . Y . S . Sanitary Code again which has not been implemented by Tompkins County . 3 ) Assessment Board of Review - there may not be a local Assessment Board of Review - may be handled only at the County Assessment Office . 4 ) Airport Development Committee - has been dissolved - have received $ 10 , 000 , 000 , 00 and there is no local money in this project . The entire project is paid by FAA and from user fees . 5 ) Health Care Forum -- Tompkins County will present a Health Care Forum on Tuesday , February 9 , 1993 - Channel No . 53 - 6 : 30 - 9 : 00 P . M . Members of the Public : Community Council Youth Programs : Community Council submitted a Proposed Lease Agreement for the former Danby School building on Gunderman Road to the Town Board on February 3 , 1993 . The proposed agreement is between Community Council and the Ithaca City School District . Approximately forty - five ( 45 ) members of the public and concerned parents attended the meeting in support of a Lease Agreement between Community Council and the Ithaca City School District for the former Danby School building . The major concern stated by parents and residents was that space is needed for the Danby Pre - K , Afterschool Program and a place for activities for Town of Danby children , The following persons addressed the Board in support of the Proposed Lease Agreement : Steven and Josephine Griffin , Jeff Jordan , Virginia Bennett , Linda Sczepanski , Sue Eyerly , Andrea 132 2 Town Board Minutes February 8 , 1993 Mahr , Kyle O ' Connor , Patricia Hess , David Krebs , Julie Coulombe and J im Turk . Donna Collins - Danby Pre - School Director - reported that the P roposed Lease Agreement between Community Council and the Ithaca City School District has been revised . The rental cost has been reduced to $ 5 , 000 , 00 and there will not be a utility charge for lights and water . Community Council members have been asked to serve on the Pre - School Board for the coming year . She asked the Town Board if they would approve the transfer of the current insurance if there was not a change in the policy . Donna explained t hat the programs have budgeted $ 5 , 200 . 00 for rent and tuition pays for additional expenses . Donna said she expects the Certificate of O ccupancy to arrive soon and asked how long it will take for the B oard to review the proposal . D iscussion followed regarding the new lease agreement between Community Council and the Ithaca City School District . Response from the Town Board : Supervisor Oltz said that the Town needs to see the lease agreement , discuss it with the Ithaca City School District and Community Council to know exactly what is being covered . She said t he Town would like to have their Town Attorney look at the agreement and the insurance policy . Councilperson Marisa responded that the Town Board was not considering any change , The information on possible changes came t o the Board on Wednesday , February 3 , 1993 at the Agenda Meeting . Issues relating to the relationship between the Town and some of t he youth programs have been raised year after year by the Office o f the State Comptroller in our financial audit reports and need to be addressed . The relationship between the Town and the youth programs must be correct and valid under New York State Law . The t hing to be clear about is that this is a Community Council issue and it ' s their decision to find the best space within the Town . The Town is appropriating money to them to spend on youth programs and e xpecting that they are going to do it in the most reasonable way . The Town has discussed in the past setting up an independent youth board - or Community Council becoming incorporated with members e lected from the community . Councilperson Miller ( Liaison between The Town Board and Community Council ) . Attended the last Community Council meeting on January 13 , 1993 and stated she has the following concerns regarding the proposed lease agreement : 1 ) Community Council may not be able to pay full terms of the proposed lease ; 2 ) comments were made at that meeting the Town would have to make up the difference or they would not be paid the administration charges for their programs ; 3 ) she was denied a copy of the proposed lease agreement ; 4 ) the agreement has not been reviewed by an attorney ; 5 ) a Certificate of Insurance was obtained without permission from the Town ; 6 ) the attitude of members of Community Council toward the Town and comments made in regard to youth programs . Councilperson Schwartz - The incident that precipitated all of this is that the Town Board found out that a Certificate of Insurance on the Town of Danby Policy was obtained without Town Board knowledge or approval and that the Town is concerned with any kinds of liabilities in terms of debts , civil suits , etc . If there no 189 . . 3 Town Board Minutes February 8 , 1993 problem there , the cost of insurance is not substantially different and the site approved by our Code Enforcement Officer if necessary h e personally has no problem with it at all . He suggested that J udy Tagliavento or Ric Dietrich contact Supervisor Oltz to set up a meeting to review the lease agreement . Moving the Danby Pre - S chool to the Danby School is an excellent idea and he supports it . Members of the Public Continued : Carol Benjamin - Danby Road - said that a town of 2800 people 'cannot afford to support two ( 2 ) fire stations . She would like to see one ( 1 ) fire hall for the Town to service both West Danby and D anby . Mary Lou Hardesty - 50 South Danby Road - said she thinks the Town n eeds to look at communication between Community Council and the Town Board . H oward Steiner - 1050 Coddington Road - asked if there was progress o n the sale of the Old Town Barn , commented on the City ' s request for a bigger share of the County Sales Tax Revenue , cost of insurance for the Town , and the State Comptroller Audit Report for Fiscal Year 1991 . Mr . Steiner said he would encourage Community Council to approach the School District and lobby to cut the rate for rent in half or nothing as it is now off the Town tax rolls . B ill Genter - Danby Road responded on the issue of two ( 2 ) fire stations for Danby - the Fire District Division Report to the Department of State in the 1980 Study of Fire Districts and Resources found that two ( 2 ) fire stations are necessary for Danby and West Danby to comply with State regulations . These were minimal regulations and the State recommends a third fire station . The Department of State also recommends that a strong effort be made to have a member of the fire department at all programs and activities held at the fire hall . A public hearing will be held at the West Danby Fire Station , Tuesday , February 16 , 1993 at 7 : 00 P . M . on the Proposed New Fire Station and voting will be Thursday , February 18 , 1993 , 6 : 00 - 9 : 00 P . M . at both fire stations . Judd Leonard -- 2090 West Danby Road explained the new plans for a P roposed New Fire Station for West Danby and passed out the materials that will be presented at a public hearing on Tuesday , February 16 , 1993 . The cost of the proposed West Danby Fire Station does not include costs for site preparation or the purchase o f property . COMMUNICATIONS : 1 ) Resignation Letter - Justice Ralph W . Bowles - Effective 2 / 28 / 93 2 ) Resignation Letter - Ted Merritt ( BZA ) 3 ) ACC - Notice of Rate Increase 4 ) Fiscal Year 1991 Audit Report ADDITIONS TO THE AGENDA : The following items were added to the Agenda - New Business 1 ) CSEA Contract Update 2 ) Town Highway Barns Appraisal 3 ) Building Official Assistant OTHER REPORTS : 1 ) EMC January 1993 Report - Dan Decker 2 ) Community Council - January 1993 Report 3 ) Dog Control Officer January 1993 -- Report 4 ) Code Enforcement Officer January 1993 - Report 5 ) Highway Department Monthly Report of Activities - January 1993 P lanning Board Report : Chairperson Nancy Weitzel reported that the Planning Board held a P ublic Hearing on January 20 , 1993 for a subdivision of one lot on Comfort Road Extension . Ken Thompson of Tompkins County Division 184 4 Town Board Minutes February 8 , 1993 o f Solid Waste will attend the March 17 , 1993 Planning Board Meeting to discuss the Tompkins County Landfill Reclamation P roject . S olid Waste Advisory Committee Report : J oel Gagnon reported that the Chamber of Commerce is doing a report o n privatization . There are questions that SWAC and the DEC has ✓ egarding the landfill closure plan that need to be responded to w ithin the next couple of months . The County is looking at options for a permanent composting facility . Landspreading is not being looked at as an option . OLD BUSINESS : RESOLUTION NO . 17 OF 1993 REQUEST FOR REIMBURSEMENT FROM TOMPKINS COUNTY FOR INCORRECT E LECTION CHARGES B y Councilperson Schwartz : Seconded by Councilperson Hile WHEREAS , Tompkins County has requested payment for back election e xpenses for 1991 and 1992 , and WHEREAS , the Town of Danby dutifully paid said charges in the amount of $ 9 , 240 . 13 , and WHEREAS , the Town of Danby subsequently learned that said charges are improper under Section 361a of County Law and Section 4 - 136 and 4 - 138 of the Election Law , now therefore be it RESOLVED , that the Town of Danby requests that Tompkins County ✓ eimburse the Town of Danby for said incorrect charges . A roll call vote on the resolution resulted as follows : H ile Aye Marisa Aye Miller Aye S chwartz Aye O ltz Aye Carried Unanimously Appointment to Tompkins County Youth Board A motion was made by Councilperson Schwartz and seconded by Councilperson Miller that the Town of Danby Town Board recommends the reappointment of Deborah Fitzpatrick of 91 Nelson Road , Ithaca , N ew York. 14850 to the Tompkins County Youth Board as the ✓ epresentative for the Town of Danby . A roll call vote on the motion resulted as follows : H ile Aye Marisa Aye Miller Aye Schwartz Aye O ltz Aye Carried Unanimously RESOLUTION NO . 18 OF 1993 APPOINTMENT TO BOARD OF ZONING APPEALS B y Councilperson Marisa : Seconded by Councilperson Miller WHEREAS , a vacancy exists on the Town of Danby Board of Zoning Appeals , and WHEREAS , Elizabeth Owens - Roe has expressed an interest in serving o n the Town of Danby Board of Zoning Appeals , now therefore be it RESOLVED , that the Town of Danby Town Board appoint Elizabeth Owens - Roe of 1820 Danby Road , Ithaca , New York to the Town of D anby Board of Zoning Appeals for a term to expire on June 30 , 1993 , 185 5 Town Board Minutes February 8 , 1993 A roll call vote on the resolution resulted as follows : H ile Aye Marisa Aye Miller Aye Schwartz Aye O ltz Aye Carried Unanimously Date set for Interviews - Town Justice Applicants Supervisor Oltz reported that the Town of Danby Town Board must set a date to interview applicants for a new Town Justice . Motion to Schedule Interviews - Town Justice Applicants A motion was made by Councilperson Marisa and seconded by Councilperson Schwartz that the Town Board meet on Wednesday , February 24 , 1993 at 5 : 00 P . M . for the purpose of interviewing candidates for Town Justice position . Carried Unanimously H ourly Wage - Secretaries of Planning Board and Board of Zoning Appeals S upervisor Oltz reported that after due consideration of a report of examination prepared by the Office of the State Comptroller the following resolution is presented : RESOLUTION NO . 19 OF 1993 HOURLY WAGE FOR SECRETARIES OF PLANNING BOARD AND BOARD OF ZONING APPEALS SET B y Councilperson Schwartz : Seconded by Councilperson Miller WHEREAS , in order to develop an improved system of accounting for wages paid to the secretary of the Board of Zoning Appeals and the secretary of the Planning Board , be it RESOLVED , that the secretaries of these boards be paid $ 7 . 00 ( seven d ollars ) per hour for their services , and be it further RESOLVED , when board minutes are completed they be submitted with a voucher for services rendered to be signed by the Chairman of the B oard who will then submit the voucher to the Town bookkeeper for payment , and be it further RESOLVED , that $ 1 , 100 . 00 ( one thousand one hundred dollars ) be moved from account No . A8020 . 4 to account No . A8020 . 1 to pay for t hese services . A roll call vote on the resolution resulted as follows : H ile Aye Marisa Aye Miller Aye S chwartz Aye O ltz Aye Carried Unanimously Old Town Barns S upervisor Oltz reported that the Town has received an appraisal for the Old Town Barns and the market value has been determined to be $ 55 , 000 . 00 and suggested that the Town Board advertise for bids for the sale of this property . Motion to Advertise for Bids for the Old Town Barns A motion was made by Councilperson Marisa and seconded by Councilperson Schwartz to place the Old Town Barns and property located on Bald Hill Road up for bid . Carried Unanimously 186 6 Town Board Minutes February 8 , 1993 Date set for Working Session of Town Board S upervisor Oltz reported that a working session of the Town Board is needed to work on a response to the Audit Report from Office of t he State Comptroller for Fiscal Year 1991 . A working session is scheduled for Tuesday , February 16 , 1993 at 7 : 00 P . M . and is not to e xceed more than one and one half hours . Acting Building Official S upervisor Oltz said that an Acting Building Official may be needed t o act on behalf of the Town Code Enforcement Officer on certain o ccasions when she is unavailable or unable to act . RESOLUTION NO . 20 OF 1993 Authorize Town Supervisor to Designate an Acting Building Official B y Councilperson Schwartz : Seconded by Councilperson Marisa WHEREAS , Town of Danby Local Law No . 3 of 1984 provides that the Town Supervisor shall have the power , with the consent of the Town B oard , to designate a person to act on behalf of the Town Building Official , namely the Town Code Enforcement Officer , in the absence o f that official , or in the case of his inability to act for any ✓ eason , now be it RESOLVED , that the Town of Danby Town Board hereby consents and g rants authority to the Town Supervisor to designate an acting building official from time to time as the need may arise , in the absence of the Town Building Official or in the case of his or her inability to act for any reason , with the hourly rate for said acting building official not to exceed the equivalent hourly rate o f the Town Code Enforcement Officer , except upon further approval by the Town Board , and be it further RESOLVED , that said authorization shall expire on December 31 , 1993 . A roll call vote on the resolution resulted as follows : H ile Aye Marisa Aye Miller Aye S chwartz Aye O ltz Aye Carried Unanimously CSEA Contract Update S upervisor Oltz reported that she has received a letter and Robert Morris has replaced Shawn Lucas as the CSEA Negotiator . She will set a date with Mr . Morris and the Town Highway Department to sign CSEA Highway Department 1993 Contract . APPROVAL OF WARRANTS Approval of General Fund Warrant No . 2 of 1993 A motion was made by Councilperson Marisa and seconded by Councilperson Schwartz to approve the General Fund Warrant No . 2 of 1993 vouchers numbered from 31 - 74 in the amount of $ 51 , 001 . 62 . A roll call vote on the motion resulted as follows : H ile Aye Marisa Aye Miller Aye S chwartz Aye O ltz Aye Carried Unanimously Approval of West Danby Water District Fund Warrant No . 2 of 1993 A motion was made by Councilperson Schwartz and seconded by Councilperson Miller to approve the West Danby Water District Fund Warrant No . 2 of 1993 vouchers numbered from 4 - 8 in the amount of $ 740 . 47 . 1_ 87 7 Town Board Minutes February 8 , 1993 D iscussion : Councilperson Schwartz was concerned that the warrant is unusually h igh due to the $ 543 . 71 NYSEG bill . A roll call vote on the motion resulted as follows : H ile • Aye Marisa Aye Miller Aye S chwartz Aye O ltz Aye Carried Unanimously Approval of Highway Fund Warrant No . 2 of 1993 A motion was made by Councilperson Hile and seconded by Councilperson Marisa to approve the Highway Fund Warrant No . 2 of 1993 vouchers numbered from 15 - 27 in the amount of $ 20 , 846 . 95 . A roll call vote on the motion resulted as follows : H ile Aye Marisa Aye Miller Aye S chwartz Aye O ltz Aye Carried Unanimously Approval of Town Clerk ' s February 1993 Report A motion was made by Councilperson Miller and seconded by Councilperson Marisa to approve the Town Clerk ' s February 1993 Report as submitted . A roll call vote on the motion resulted as follows : • • H ile Aye Marisa • Aye Miller Aye S chwartz Aye O ltz Aye Carried Unanimously Annual 1992 Town Clerk Report of Income and Expenditures Town Clerk , Carol Sczepanski , submitted to the Town Board a 1992 report of Income and Expenditures and asked the Town Board to audit the supporting documents at their convenience . Approval of Supervisor ' s February 1993 Report A motion was made by Councilperson Marisa and seconded by Councilperson Hile to approve the Supervisor ' s February 1993 report as submitted . A roll call vote on the motion resulted as follows : H ile Aye Marisa Aye Miller Aye S chwartz Aye Carried Unanimously Miscellaneous : Code Enforcement Officer said that the Planning Board will be looking at the " Permit to Build " requirements of the Zoning Ordinance ( what needs a building permit ) . The Town requires permits for repairs or new installations of plumbing and heating systems , etc . and New York State does not have similar requirements . 188 8 Town Board Minutes February 8 , 1993 The Town Board asked Susan to have the Planning Board review the items related to " permit to build " and then report back to the B oard . Community Council / Ithaca City Schools Lease Agreement Community Council is in the process of finalizing a Lease Agreement with the Ithaca City School District for rental of space at the Old D anby School Building for their youth programs . A copy of the " Lease Agreement " was received at the Town Board Agenda Meeting on W ednesday , February 3 , 1993 accompanied with an Insurance D isclaimer from the Town of Danby insurance carrier . The Town of Danby Town Board after review of the lease agreement , discussion of the agreement with Community Council representatives , and the response from community members regarding the lease agreement and need for space for youth programs asked Supervisor O ltz to send Community Council the following recommendation : That Community Council have an attorney review the Lease Agreement between Community Council and the Ithaca City School District before finalizing the contract . The Town Board would like to meet with Community County Representatives at the March 3 , 1993 Agenda Meeting . ADJOURNMENT : O n a motion the meeting adjourned at 10 : 15 P . M . adzil � Carol W . Sczepa i , Town Clerk min - 2 - 10 . 93