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HomeMy WebLinkAbout1993-08-09 242 il TOWN OF DANBY TOWN BOARD MINUTES Regular Meeting 8 : 00 P . M . August 9 , 1993 PRESENT : Supervisor Mary Oltz Councilpersons : Marisa , Miller EXCUSED : Councilpersons : Hile , Schwartz Others Present : Town Clerk - Carol Sczepanski Code Enforcement Officer - Susan Beeners P lanning Board Chair - Nancy Weitzel Members of the Public : J oel Gagnon , Nancy Blacken , David Pochily , Charles F . White , Sr . , G ars Pochily , William Winters , Ralph Wilbur , Roy Casterline , James H atch , Pat VanDusen , Ed VanDusen , Bob & Carol Blakeney , Beverly K linko , Cheryl & Dean L ' Amoreaux , Mary Ann Kozak , Sue Schwartz S upervisor Oltz called the meeting to order at 8 : 07 P . M . and led all present to the Pledge of Allegiance to the American flag . ADDITIONS TO AGENDA : Councilperson Miller requested an addition to the Agenda of a formal request to the Planning Board - Neighbor Notification P rocedures - Possible Resolution PRIVILEGE OF THE FLOOR : i Joel Gagnon - 2353 Spencer Road - reported that the West Danby Cemetery has not been mowed . William Winters - 328 Durfee Hill Road - reported he was concerned and upset with the road condition on Durfee Hill . Five years ago t he road was oiled and stoned and has not been maintained . Charles White - 325 Durfee Hill Road - reported Durfee Hill Road h as deteriorated and is no longer a paved road . The dirt surface is causing damage to his cars and may be dangerous for school buses . David Pochily - 236 Durfee Hill Road - said he has talked with the H ighway Superintendent personally about the condition of the road and understands his response was the road needs proper drainage but t he Highway Department does not have money to repair the road . S tones and gravel from the dirt surface of the road are causing damage to his cars and he is concerned that the school buses will h ave trouble . N ancy Blacken - 236 Durfee Hill Road - said she had been a winner in the spring " Pick - A - Pot Hole " contest . Her pothole was located o n Durfee Hill Road . She is concerned for her safety and that the ✓ oad will be in the same rutty condition as in April of this year . i J ohn Rantanen - 100 Durfee Hill Road - asked if the road was going to be oiled and stoned and how the neighborhood can get some answers . Ed VanDusen - 233 Durfee Hill Road - shares the same concerns about the road condition as his neighbors and is here to show his concern . He said something has to be done . B everly Klinko - 116 Durfee Hill Road - is concerned about the condition of her road would like to see it passable . The road was worked recently and is again getting deep ruts . Robert Blakeney - 159 Durfee Hill Road - supports his neighbors concerns regarding the road . He and his wife are very disappointed 22t 2 Town Board Minutes August 9 , 1993 with the upkeep of road and has difficulty keeping his car in proper alignment . Dean L ' Amoreaux - Durfee Hill Road - is building a home on Durfee H ill road and supports the neighbors concerns that they are in need of a decent road . Dave Pochily - requested a copy of the minutes and asked what the liability of the Town is in a case like this where everybody said t heir vehicle has suffered some kind of damage . He said " the point I would like to make is when somebody gets killed or injured they probably will do something about the road very quickly . I would hate to see it come to this , but that ' s usually what takes action and makes action . I would really hate to see one of my neighbors g et injured , myself , or my kids or kids from other roads on the school bus " . Councilperson Miller said she appreciates very much the concerns from all the public who appeared tonight . She said she has not been contacted by anyone regarding the situation on Durfee Hill Road . Charles White - said that the shoulder on the road would be dangerous to the school buses should it be necessary for them to pull over . Sue Schwartz - Durfee Hill Road - arrived late and expressed concern that the dirt road surface already has ruts and is worried that it may be dangerous for the school bus . Dave Ponchily - thanked the Town Board for listening to the complaints and road condition on Durfee Hill . Councilperson Miller responded that it is unfortunate that the Highway Superintendent could not be here tonight to answer questions . She thinks that so many roads are in rough shape that the Highway Department is having a rough time . The Highway Suprintendent should let you know what he is doing and why . If he is laying a base for work to be done later he should let you know that . Supervisor Oltz said that the Board would meet with the Highway Superintendent , find out what his plans are , and that Councilperson and Mrs . Schwartz will be the contact person for the neighborhood . West Danby Ball Park : James Hatch - 500 Brown Road - Volunteered to take care of the ball park in West Danby so the kids can have a place to play . Asked if the Town was going to keep the lease for the park . He said he is clearing the park and plans to have a meeting with the West Danby residents to find out if there is interest in keeping the park . Supervisor Oltz said that the Town would keep the park if the people in West Danby were interested in using it . A person is needed to coordinate programs and contact people . She referred Mr . Hatch to Ida Hulbert for information on the park . She said the Town needs to know if residents are interested in keeping the park no later than the September 13 , 1993 Town Board Meeting . Ralph Wilbur - 1378 Danby Road - said he is not anti - zoning but has been through the Building Permit process and sees problems the Town needs to address . He stated that we are not the Town of Ithaca , we are the Town of Danby . A garage and grading shed at Wilbur Lumber Company was destroyed by fire and it is necessary to rebuild a garage and the grading shed as soon as possible . He obtained a building permit within three ( 3 ) days to replace the garage but his request for a building permit for to replace the grading shed required a public hearing by the Town of Danby Planning Board . He said that he thinks we have a dangerous situation and cited the 2 3 Town Board Minutes August 9 , 1993 following problems : 1 ) mailing of twenty - five ( 25 ) letters of n otification to neighbors ( many who do not even join the property ) 2 ) his property location is not properly mapped on the zoning map ; 3 ) the time lag to get a permit can create a loss to applicants . H e thinks the Planning Board should have the authority to issue the a building permit . S upervisor Oltz responded that the Town Board was going to address t he subject of neighborhood notification later this evening . OTHER REPORTS : Community Council Mary Ann Kozak reported that Community Council is working on the 1994 Budget . The Ithaca School District did not get a Certificate o f Occupancy for the Old Danby School building and Community Council is looking for space before September to hold the Pre - K and After School programs . D anby Area News Update Mary Ann Kozak reported that it has cost $ 2 , 075 . 00 to date to publish and mail the Danby Area News . They have received $ 550 . 00 from United Way , have raised $ 587 . 00 in donations and adds , and $ 938 . 00 from Community Council savings . The remaining funds will cover two ( 2 ) more publications this year . She asked the Town for a donation for funds to publish the Danby Area News monthly for the ✓ emainder of 1993 . The cost per month is $ 125 . 00 for printing , $ 250 . 00 for mailing , and additional miscellaneous expenses . Councilperson Marisa said that Community Council should make a budget request for funding . Zoning Report Code Enforcement Officer July 1993 Report received . D og Control Report J uly 1993 Report - no report received . Carol Sczepanski reported she placed a notice in the Danby Area N ews that a dog enumeration would take place this fall . Shari Rhodes was appointed as the enumerator . Planning Board Report : N ancy Weitzel reported that at on July 21 , 1993 the Planning Board went on a field tour of the Proposed Camelot Subdivision located on N ew York State Route 34 / 96 and Hillview Road ( West Danby ) , and Wilbur Lumber Co . On August 5 , 1993 they held three ( 3 ) Public H earings and all permit applications were approved . 1 ) Wilbur Lumber Co . - - Special Permit for a grading shed . 2 ) Hovanec - Special Permit for citing a doublewide . 3 ) Angelheart Designs - Construction and renovation of building . The Planning Board will meet at the Town Hall on August 18 , 1993 at 6 : 45 P . M . to tour Dobson Enterprise Property . Roy Casterline - reported that he has not been contacted about the availability of water from the West Danby Water District for the " Proposed Camelot Subdivision " . Susan Beeners reported that Glen Harrington submitted a proposal for a subdivision of eight ( 8 ) building lots on a property located o n the corner of Hillview Road and State Route 34 / 96 in West Danby . There are wetlands involved and Mr . Harrington and is waiting for a delineation from the N . Y . S . Department of Conservation . S olid Waste Advisory Committee ( SWAC ) J oel Gagnon reported that the Committee is dealing with the issues o f illegal dumping and back yard burning . There is a new proposal c� 2 2 7 4 Town Board Minutes August 9 , 1993 suggesting that municipalities create a pool of money for contracting out the illegally dumped materials . Joel conducted a small survey in his neighborhood regarding curbside recycling verses drop off centers and was surprised most of his neighbors prefer curbside . OLD BUSINESS Youth Commission Up - date Councilperson Miller reported that the issue of the possible creation of a youth commission for the Town of Danby will be on the S eptember 1994 Agenda . The Town Board has met with the County Youth Board and to date have not received any feedback from their meeting . In September the Town will be voting on creating a Youth Commission Board that is appointed by the Town Board to oversee youth issues . It does not mean the abandonment or taking over of Community Council . NEW BUSINESS : RESOLUTION NO 33 OF 1993 E STABLISHING POLICIES AND PROCEDURES USED FOR REPORTING SERVICES AND SALARIES OF ELECTED OFFICIALS TO NEW YORK STATE EMPLOYEES RETIREMENT SYSTEM B y Councilperson Marisa : Seconded by Councilperson Miller WHEREAS , the Town of Danby needs to establish policies and procedures used for reporting services and salaries of elected o fficials who are or become members of the New York State Employees ' Retirement System , and WHEREAS , records of activities of the Town ' s elected officials have been examined and the rules for reporting days worked set up by the N ew York State Employees ' Retirement System have been considered , n ow therefore , be it RESOLVED , that a standard workday be six hours for elected o fficials who have no preset work hours , the Town Clerk will be credited with twenty ( 20 ) days per month , the Town Supervisor ten ( 10 ) days per month , Town Councilpersons two ( 2 ) days per month and Town Justices ten ( 10 ) days per month . A roll call vote on the resolution resulted as follows : Marisa Aye Miller Aye Oltz Aye Councilpersons Schwartz and Hile Absent Carried Unanimously RESOLUTION NO . 34 OF 1993 CONTINUATION OF REDUCED SPEED LIMIT ON CODDINGTON ROAD B y Councilperson Miller : Seconded by Councilperson Marisa WHEREAS , Mr . Ward Hungerford , Tompkins County Highway Manager , has received requests from Coddington Road residents within the Town of D anby for a continuation of a reduced speed limit on Coddington Road , and WHEREAS , Mr . Hungerford supports the request for a continuation of a reduced speed limit on Coddington Road from the Town of Ithaca line to Caroline Depot Road , now be it RESOLVED , that the Town of Danby Town Board supports and recommends the continuation of a reduced speed limit on Coddington Road from. the Town of Ithaca line to Caroline Depot Road , and be it further RESOLVED , that the TE Form will be completed and forwarded to Mr . Ward Hungerford , Tompkins County Highway Manager to submit to NYSDOT for their review and determination . 29 5 Town Board Minutes August 9 , 1993 A roll call vote on the resolution resulted as follows : Marisa Aye Miller Aye Oltz Aye Councilpersons Schwartz and Hile absent . Carried Unanimously Request to Planning Board - Notification of Neighbors Councilperson Miller asked the Town Board to consider a formal ✓ equest to the Planning Board that notification of the neighbors , where it is required in the Town of Danby Zoning Ordinance , be done by the Town rather than by the person who is seeking the variance o r exception . She asked the Town Board to request that the cost be passed on to the applicant , the letters sent to neighbors be written in layman ' s language so they can clearly understand what is at issue . She would like this request to be started as soon as possible . D iscussion followed : J oel Gagnon - Planning Board. Member said that neighbor notification is one of the issues the Planning Board has discussed as one of the Zoning Ordinance revisions . Councilperson Miller said that the Town Board is aware of that and thinks there is distinct disagreement on the part of the Town B oard . They are trying to clearly state that to the Planning B oard . We would like to request the Planning Board to discontinue t hat practice and that staff of the Town notify the neighbors . Councilperson Marisa said that the Zoning Ordinance states official communication in terms of notification . It should be from the Town at some level and not an informal communication from the applicant . Ralph Wilbur addressed the Town Board and said that when an applicant must go beyond their borders and send letters to people t wo ( 2 ) miles away - - why ? Why should a person that far away have any bearing on your variance ? S usan said that the Zoning Ordinance says that you must notify people within five - hundred ( 500 ) feet of the boundaries being considered . In the case of Mr . Wilbur ' s proposal his boundaries w ere around a one hundred thirty - seven ( 137 ) acre parcel and included properties from Bald Hill Road and Comfort Road Extension . S he asked if the Town could consider the definition of a minor project for which the notification would not mean having to go all t he way around a big parcel . Councilperson Miller proposed the following resolution : RESOLUTION NO . 35 OF 1993 REQUEST TO TOWN OF DANBY PLANNING BOARD - PUBLIC NOTICE REQUIREMENTS B y Councilperson Miller : Seconded by Rich Marisa WHEREAS , the Town of Danby Zoning Ordinance requires neighbor n otification of public hearing for certain development proposals be mailed by applicants , and WHEREAS , Town of Danby residents have reported to members of the Town Board that they have not received notice of public hearing , or did not understand the legal language contained in the notice of publication , now be it il 6 Town Board Minutes August 9 , 1993 RESOLVED , that the Town of Danby Town Board formally requests , e ffective at the August 18 , 1993 Planning Board Meeting , that the Planning Board consider the Town Board request that neighbor n otification of public hearing for certain development proposals be made by the Town with the cost passed on to the applicants , and be it further RESOLVED , that the neighbor notification sent to individual ✓ esidents be written in layman ' s terms indicating the nature of the project , date , time and place the public hearing will take place . A roll call vote on the resolution resulted as follows : Marisa Aye Miller Aye Oltz Aye Councilpersons Hile , Schwartz ( absent ) Carried Unanimously APPROVAL OF WARRANTS : Approval of General Fund Warrant No . 8 of 1993 G eneral Fund Warrant was submitted in the amount of $ 3 , 531 . 53 . ✓ oucher No . 290 payable to The Merritt Co . in the amount of $ 424 . 79 was discussed and voided by the Town Board . A motion was made by Councilperson Miller and seconded by Councilperson Marisa to approve General Fund Warrant No . 8 , 1993 in t he amount of $ 3 , 106 . 74 - voucher numbers 270 - 289 and 291 - 303 . ( Voucher No . 290 unapproved and voided . ) A roll call vote on the resolution resulted as follows : Marisa Aye Miller Aye Oltz Aye Carried Unanimously Approval of West Danby Water District Fund Warrant No . 8 of 1993 A motion was made by Councilperson Marisa and seconded by Councilperson Miller to approve the West Danby Water District Fund W arrant No . 8 of 1993 in the amount of $ 358 . 00 - vouchers numbered from 33 - 35 . A roll call vote on the resolution resulted as follows : Marisa Aye Miller Aye Oltz Aye Carried Unanimously Approval of CHIPS Fund Warrant No . 2 of 1993 A motion was made by Councilperson Marisa and seconded by Councilperson Miller to approve the CHIPS Fund Warrant No . 2 of 1993 in the amount of $ 21 , 064 . 51 - vouchers numbered on CHIPS Warrant 4 - 8 , added to Highway Fund and renumbered 110 - 114 . A roll call vote on the resolution resulted as follows : Marisa Aye Miller Aye Oltz Aye Carried Unanimously Ajproval of Highway Fund Warrant No . 8 of 1993 A motion was made by Councilperson Miller and seconded by Councilperson Marisa to approve the Highway Fund Warrant No . 8 of 1993 in the amount of $ 8 , 845 . 32 - vouchers numbered 98 - 109 . 2 7 Town Board Minutes August 9 , 1993 A roll call vote on the resolution resulted as follows : Marisa Aye Miller Aye Oltz Aye Carried Unanimously Approval of Town Clerk ' s July 1993 Monthly Report A motion was made by Councilperson Marisa and seconded by Councilperson Miller to approve the July 1993 Town Clerk ' s Report as submitted . A roll call vote on the resolution resulted as follows : Marisa Aye Miller Aye Oltz Aye Carried Unanimously ADJOURNMENT : A motion was made by Councilperson Marisa and seconded by Councilperson Miller to adjourn the meeting at 9 : 30 P . M . Carried Unanimously 64(�C.L. Carol W . Sczeki , Town Clerk •