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HomeMy WebLinkAbout1995-03-13 IA A TOWN OF DANBY TOWN BOARD MEETING Regular Meeting 7 : 00 P . M . March 13 , 1995 PRESENT : Supervisor Oltz Councilpersons : Roger Hile , Rosa Lee Johnson , Joseph Schwartz , Howard Steiner Others Present : Town Clerk - Carol Sczepanski County Representative - Frank Proto Code Enforcement Officer - Susan Beeners H ighway Superintendent - William Hall Members of the Public N ancy Weitzel , Roy Casterline , Mary Lou Hardesty , Richard Lazarus , P hilip Snyder , Robert Roe , Edw . M . Roberts , Joe Micilcavage , Bob Formeck , Elizabeth Owens - Roe , Joel Gagnon , Kate White , Edw . Hart and others . The Meeting was called to order by Supervisor Oltz at 7 : 00 P . M . PROPOSED ZONING ORDINANCE REVISIONS : 1 ) PROPOSED REVISION - ZONING ORDINANCE - AREA VARIANCES ( PROPOSED ADDITION IS UNDERLINED BELOW ) S . B . 2 / 22 / 95 The Planning Board has reviewed and recommended a Proposed Zoning Ordinance Revision to the Danby Zoning Ordinance under Section 1105 - VARIANCES . The Board reviewed the proposed amendment and passed the following resolution . RESOLUTION NO . 25 OF 1995 PROPOSED AMENDMENT TO SECTION 1105 - VARIANCES - Approved By Councilperson Steiner : Seconded by Councilperson Schwartz WHEREAS , The Town of Danby Planning Board on February 22 , 1995 has recommended a Proposed Amendment to Section 1105 - Variances of the Town of Danby Zoning Ordinance , and WHEREAS , the Planning Board has referred the above referenced amendment to the Town of Danby Town Board for consideration , and WHEREAS , on March 13 , 1995 the Town of Danby Town Board has reviewed the proposed amendment to the ordinance , now be it RESOLVED , That the Town of Danby Town Board approve the Proposed Amendment to Section 1105 - Variances , under No . 1 Area Variances as follows : ( Underlined ) material represents the proposed new language . 1 . AREA VARIANCES . In addition to any other requirements set forth in this Ordinance , the Board of Appeals , in determining whether to grant an area variance shall consider all of the matters set forth in Town Law , Section 267 - b 3 ( b ) and ( c ) as follows : ( a ) In making its determination the Board of Appeals shall t ake into consideration the benefit to the applicant if t he variance is granted , as weighed against the detriment t o the health , safety , and welfare of the community by such grant . In making such determination the Board shall also consider :. ( 1 ) whether an undesirable change will be produced in the character of the neighborhood or a detriment to neighboring properties will be created by the granting of the area variance : 423 2 Town Board Minutes March 13 , 1995 ( ii ) whether the benefit sought by the applicant can be achieved by some method , feasible for the applicant to pursue , other than an area variance : ( iii ) whether the requested area variance in substantial ; ( iv ) whether the proposed variance will have an adverse effect or impact on the physical or ® environmental conditions in the neighborhood or district ; and .( v )_ whether the alleged difficulty was self - created , which consideration shall be relevant t o the decision of the Board of Appeals , but shall not necessarily preclude the granting of t he area variance . ( b ) The Board of Appeals , in the granting of area variances , shall grant the minimum variance that it shall deem necessary and adequate and at the same t ime preserve and protect the character of the neighborhood and the health , safety , and welfare of t he community . A roll call vote on the Resolution resulted as follows : H ile Aye J ohnson Aye Schwartz Aye S teiner Aye Oltz Aye Carried Unanimously 2 ) Proposed Zoning Ordinance Changes to Permit Agricultural Buildings and Uses in all Zones - dated 12 / 21 / 94 and referred t o the Board on January 18 , 1995 for their review and consideration . The Board reviewed a Proposed Zoning Ordinance Change to permit agricultural buildings and uses in all zones - Section 511 - Number of Buildings on a Lot . S usan Beeners explained that the proposed set of changes to this section is to allow agricultural uses and agricultural buildings on property of less than five ( 5 ) acres . D iscussion followed regarding the proposed wording " principal ✓ esidential building " . Councilperson Steiner thinks the new proposed language is too restrictive . Councilperson Johnson said that the language is awkward and not e asily interpreted . April 5 , 1995 - Agenda Meeting Scheduled The Town Board Agenda Meeting was scheduled to begin at 7 : 00 P . M . o n April 5 , 1995 to allow time for review of Proposed Zoning Ordinance Amendments . Adjournment to hold a BID OPENING - VIBRATORY ROLLER On a motion the Town Board Meeting adjourned to hold a previously scheduled Bid Opening for a Vibratory Roller . TOWN OF DANBY BID OPENING - VIBRATORY ROLLER - MARCH 13 , 1995 A Bid Opening was scheduled to take place at the Town Board Agenda Meeting on Wednesday , March 8 , 1995 . The Agenda Meeting was 424 3 Town Board Minutes March 13 , 1995 cancelled and the Bid Opening was rescheduled for Monday , March 13 , 1995 at 7 : 45 P . M . The Bid Opening was opened by Supervisor Oltz at 7 : 50 P . M . and the following Notice of Publication was read : " PLEASE TAKE NOTICE , that the Town of Danby Highway Department will receive sealed bids at the Office to the Town of Danby Town Clerk , 1830 Danby Road , Ithaca , New York or the Town Highway Department , 93 Hornbrook Road , Ithaca , New York until 5 : 00 P . M . , March 8 , 1995 , for one ( 1 ) new or used 1989 or newer single drum Vibratory Roller . S pecifications may be obtained from the Town Clerk or the Highway D epartment during regular office hours . Sealed Bids will be publicly opened on Wednesday , March 8 , 1995 at 7 : 45 P . M . The Town of Danby reserves the right to reject any and all bids . William Hall Highway Superintendent P ublished : February 20 , 1995 " S upervisor Oltz following bids were opened and reviewed by the B oard . 1 ) Monroe Tractor , 4530 Wetzel Road , P . O . Box 2580 , Liverpool , N ew York 13089 . One ( 1 ) Used Bomag BW213D Roller - $ 59 , 884 . 00 2 ) Tracey Road Equipment - Route 290 , P . O . Box 489 , East S yracuse , New York 13057 . O ne ( 1 ) Used 1989 Ingersoll - Rand Model SD100D Diesel P owered , Single Drum Vibratory Roller - $ 39 , 624 . 00 3 ) Rupp Rental and Sales Corp , 720 E Franklin Street , Endicott , N ew York 13760 . O ne ( 1 ) used 1990 Ingersoll Rand , Model SD 100D Self - P ropelled Vibratory Roller - $ 52 , 900 . 00 4 ) George & Swede Sales & Service , Inc . , 7155 Big Tree Road , P avilion , New York 14525 . O ne ( 1 ) 1992 Hamn 2411 Single Drum Vibratory Roller - $ 70 , 225 . 00 . The bids were reviewed by the Board and Highway Superintendent . All bids received were found to be complete . S upervisor closed the Bid Opening at 8 : 00 P . M . Board Meeting Reconvened : S upervisor Oltz reconvened the Town Board Meeting at 8 : 00 P . M . Recycling & Solid Waste • Councilperson Steiner reported he is concerned about the closing of t he Danby Recycling Center by the County and he invited representatives from Superior Disposal to speak to the Board . Many • area residents have expressed concerns over the closing of the D anby drop - off center . He introduced Bob Formeck and Joe Micilcavage from Superior Disposal to the Board . Bob Formeck reported Superior Disposal is a private company . The Town should consider that every resident in the County is eligible for curbside pick - up and pay for that service through a user fee . The drop - off centers are a convenience for businesses where they cannot use curbside pickup . Mr . Formeck said that Superior would be willing sit down with a committee to negotiate some sort of a workable arrangement for our drop - off center at our request . Councilperson Schwartz reported that the Town of Danby was the first Town in Tompkins County with a drop off center . Many 42 4 Town Board Minutes March 13 , 1995 residents have asked the Town to approach the County to keep the center open . Councilperson Schwartz said that he and Councilperson Steiner would be willing to meet with Superior Disposal to discuss the Recycling Drop - off Center . Approval of February 13 , 1995 Town Board Minutes A motion was made by Councilperson Schwartz and seconded by ® Councilperson Hile to approve the February 13 , 1995 Town Board Minutes as submitted by the Town Clerk . A roll call vote on the motion resulted as follows : H ile Aye J ohnson Aye S chwartz Aye S teiner Aye O ltz Aye Carried Unanimously ADDITIONS TO THE AGENDA : Supervisor Oltz requested the following additions to the Agenda : 1 ) Under Old Business - discussion of personal contacts by the B oard regarding the Town Hall project ; 2 ) Under New Business - Resolution to transfer funds for the Americans with Disabilities Act . The Town Clerk asked that the Board add the following additions to the Agenda : 1 ) Permission for Clerk to attend the Annual Clerk ' s Meeting in April ; 2 ) Permission to spend equipment funds for purchase a computer . No Councilperson objected . PRIVILEGE OF THE FLOOR : Councilperson Schwartz asked Representative Proto for an update on the status of Forest Home Road vrs . Comfort Road Bridg 4 sense of fairness has prevailed in the County . Councilperson Johnson asked Representative Proto to report the closing of the County Recycling Centers . Councilperson Steiner asked to Board for time to discuss the Town Hall building . B iodiversity Preserve for Chemical Ecology Representative Proto reported that the Board was presented with a map of an area in West Danby that is near the New West Danby Fire S tation . This property was purchased by Tompkins County through t ax sale . It is an ecologically sensitive unique natural area that t he Fingerlakes Land Trust would like to purchase to build a Biodiversity Preserve for Chemical Ecology . Katherine White , an Environmental Planner from Tompkins County and a member of the Environmental Management Council , introduced Philip S nyder , Director of the Fingerlakes Land Trust and asked him to give an overview of the property and the proposed Biodiversity P reserve . P hilip Snyder addressed the Board and reported that this wetland is a property that has over 600 vertical feet of elevation , two ( 2 ) unique natural areas and every kind of wetland imaginable . Tom E isner from Cornell University and a leader in Chemical Prospecting would like to develop a partnership with The Fingerlakes Land Trust 426 5 Town Board Minutes March 13 , 1995 t o create a Biodiversity Preserve for Chemical Ecology research and a public nature preserve . The proposed project also includes the purchase of an adjoining property . E dw . Hart - 201 Updike Road - a Danby resident and member of the Finger Lakes Land Trust supports this proposed project . S usan Beeners explained to the Board that most of the property is undevelopable and is a corridor with very limited development . If t here is any frontage that could have some kind of development it would help offset the costs of a non taxable property . If the project includes the development of parking areas it is something t hat should be brought before the Town of Danby Planning Board and possibly the DoT for their input . D iscussion followed : Councilperson Schwartz said that he supports the project but would like to see some development to offset the loss of revenue by removal of the property from the tax rolls . County Representative Report Representative Frank Proto reported on the following : 1 ) Danby Recycling Center Closure - the centers selected by the Solid Waste Division to stay open were based on the cost of operating and quantities of material received . 2 ) Comfort Road Bridge - the Forest Home Bridge did not come to a vote at the last meeting . Councilperson Schwartz said that it is not fair to replace a bridge in Forest Home this year when we have been waiting a number of years to have the Comfort Road Bridge replaced or repaired . Councilperson Steiner asked our representative to report to the County Board the Town of Danby wants the County to bond whatever amount they need to fix our bridge . If they can bond for solid waste ( garbage which is not life threatening ) , they can bond for the Comfort Road Bridge that can be life threatening . 3 ) Environmental Management Council - the EMC is developing an educational program on burning and will produce a brochure on the potential of releasing toxins when open burning occurs . There are ten ( 10 ) Unique Natural Area sites that the EMC would like to add to their list . 4 ) DSS Study Committee Report - A study committee report will be presented regarding the relocation of DSS to the City . 5 ) Farmland Board Meeting - the draft of the Watershed Rules & Regulations were reviewed . • 6 ) NYS Sanitary Code Hearing - the last four ( 4 ) parts have been completed and a Public Hearing will be scheduled this spring . 7 ) Cats - The Cat Legislation did not come to a vote at the committee meeting last week . A month extension was requested by the President of the S . P . C . A . Councilperson Schwartz suggested that the S . P . C . A . approach each municipality for funding to provide cat control in their localities . 8 ) Central Processing Facility - the Board is reviewing a plan to compensate the owners of businesses that are potential customers of the facility . Councilperson Hile reported that he is dissatisfied with how t f 6 Town Board Minutes March 13 , 1995 recyclables are handled in the County . 9 ) Road Clean - up - County road clean - up plan will include Michigan Hollow and Hillview Road . 10 ) New Sewage Construction - County Health Department has completed a study of new sewage construction in Tompkins County . 4 PRIVILEGE OF THE FLOOR : Rick Lazarus - Howland Road addressed the Board regarding the possible renovation of the Town Hall . Mary Lou Hardesty - 50 South Danby Road She asked if surveys or studies had been done to look into the feasibility of bringing water and sewer to Danby . She offered to work on a project to research the water and sewer needs for Danby but would need support and direction from the Town Board . Councilperson Schwartz reported that the Town had looked into bringing water to Danby and at that time it was cost prohibitive . H e does not think there is a need at this time . Councilperson Johnson said she would be interested in information on water and sewer needs and cost . Councilperson Steiner supports a project to research the need and. feasibility of bringing water and sewer to Danby . Supervisor Oltz thanked Mary Lou for her offer and thinks it may be a good idea to look into the possibility of water and sewer in D anby . O ther Reports : 1 ) The pole and light have been installed at Sylvan Lane and NYS Rte . 34 / 96 intersection . 2 ) The Town Disability Insurance for the Highway Department is effective March 1 , 1995 . 3 ) Municipal Officials Meeting - Thursday , March 16 , 1995 - 7 : 00 P . M . - Danby Town Hall . 4 ) Two ( 2 ) members of the Danby Youth Commission have resigned and new members are needed to serve . 5 ) The Tax Roll Warrant for 1995 Town has been met . The Town has invested our idle funds at a higher interest rate than last year . . H ighway Report : 411 . Superintendent Hall reported that the Town has many soft roads this spring . In addition to the regular winter maintenance of our roads and equipment , the department has been busy spreading stone on the soft areas . A bid was submitted by the Town for an excavator but was not the awarding bid . S olid Waste Advisory Committee ( SWAG ) J oel Gagnon reported that SWAC would like two ( 2 ) members of their committee to serve on the Solid Waste Committee . SWAC may dissolve soon . OLD BUSINESS : Town Hall Renovation Rick Lazarus reported to the Board that he is on the Board of Historic Ithaca of Tompkins County and is a builder who specializes in old buildings . Mr . Lazarus said that he submitted a proposal for the renovation of the Town Hall building . The proposal did not include the replacement of the trusts upstairs . He personally 423 7 Town Board Minutes March 13 , 1995 would be interested in bidding on the renovation of the Town Hall structure . Mr . Lazarus submitted a proposal for the Board to review . Comments from Board - Town Hall Building Renovation Supervisor Oltz asked the Town Councilpersons to report on comments from Town residents about the proposed renovation of the Town Hall building . Councilperson Schwartz reported that the residents he talked to • agree we must do something , like the proposed plan abut asked him if it could be done for less money . Many had strong reservations about putting more money into this old building and think it would be more efficient to put money into an all new building . Councilperson Hile reported that everybody he has talked to ( except for one or two ) have said they do not want to put any more money into this building . Councilperson Johnson reported that everyone she has talked with said they did not want to put this kind of money into this building . They would much prefer to have something simplified , modern , and without high maintenance costs . Not one single person said they were willing to have that much money into a new building but preferred a new facility and if necessary on a new site . She t hinks we should go back to the drawing board and start over and look at building a facility relative to what we can afford . She d oes not think we have the money to go into a facility that may cost over $ 400 , 000 . Councilperson Steiner everyone he has talked to question whether we need to spend this much money and do we need to almost double our floor space . They do not want to put any more money into the old building . He said he thinks it would be more cost effective to build a new facility of a more modern type of single floor construction . This new building is proposed in the $ 100 per sq . ft . range vrs . $ 40 - $ 65 per sq . foot for something new . He suggested we set up a committee to investigate the cost of a d ifferent type of building . S upervisor Oltz said the majority of people she talked to thought t his was a great old building but we should get rid of this building and have a new structure . She said more office space is n eeded and we must be looking at needs twenty ( 20 ) years down the ✓ oad . Her personal feeling is that we should purchase land next d oor and keep the building in this area although she is not sure t hat we should keep this old building . The issue of the Town Hall Building will be discussed at the April 10 , 1995 Town Board Meeting . • N EW BUSINESS : RESOLUTION NO . 26 OF 1995 AWARD OF BID - Single Drum Vibratory Roller - Approved B y Councilperson Hile : Seconded by Councilperson Schwartz WHEREAS , The Town of Danby Highway Superintendent was authorized to seek bids to purchase one ( 1 ) new or used 1989 or newer single drum Vibratory Roller , and WHEREAS , Notice of Publication to seek bids was published in the Ithaca Journal on February 20 , 1995 , and WHEREAS , Bids were received and opened at a Regular Board Meeting on Monday , March 13 , 1995 , and WHEREAS , The bid submitted by Tracey Road Equipment for one ( 1 ) Used 1989 Ingersoll - Rand Model SD100D diesel powered , single drum vibratory roller in the amount of $ 39 , 624 . 00 was the lowest bid 4 9 9 8 Town Board Minutes March 13 , 1995 received , now be it RESOLVED , That the Town of Danby Town Board award the bid for one ( 1 ) Used 1989 Ingersoll - Rand Model SD100D diesel powered , single drum vibratory roller to Tracey Road Equipment - Route 290 , P . O . Box 489 , East Syracuse , New York 13057 for their low bid of $ 39 , 624 . 00 . A roll call vote on the resolution resulted as follows : Rile Aye J ohnson Aye S chwartz Aye S teiner Aye O ltz Aye Carried Unanimously RESOLUTION NO . 27 OF 1995 TRANSFER OF FUNDS Transfer encumbered 1994 funds to Town Hall Contractual Account A1620 . 4 to pay for required improvements / modifications to comply with the Americans With Disabilities Act ( ADA ) and also pay for appraisal of property adjacent to Town Hall . B y Councilperson Johnson : Seconded by Councilperson Steiner WHEREAS , ADA work has been completed and bills submitted and paid in the amount of $ 3 , 587 . 61 , and WHEREAS , the Miller property adjacent to the Town Hall has been appraised and the $ 200 . 00 fee paid , now be it RESOLVED , that $ 3 , 787 . 61 , the total of these bills , be transferred from encumbered funds Account A1990 . 4 to Account A1620 . 4 to properly charge the correct account . A roll call vote on the resolution resulted as follows : Hilo Aye J ohnson Aye S chwartz Aye S teiner Aye O ltz Aye Carried Unanimously RESOLUTION NO . 28 OF 1995 TOWN BOARD MEETING TO CONTINUE By Councilperson Steiner : Seconded by Councilperson Schwartz WHEREAS , Board meetings are scheduled to begin at 8 : 00 P . M . and t erminate by 10 : 00 P . M . , and WHEREAS , All Agenda Items have not been addressed at this meeting at 10 : 00 p . m . be it RESOLVED , that the Town Board Meeting be extended from 10 : 00 P . M . to no later than 10 : 30 P . M . A roll call vote on the resolution resulted as follows : H ile Aye J ohnson Aye S chwartz Aye S teiner Aye Oltz Aye Carried Unanimously Approval for Town Clerk to Attend NYS Annual Meeting A motion was made by Councilperson Rile and seconded by Supervisor Oltz to approve the request of the Town Clerk to attend the New York State Town Clerk ' s Annual Meeting from April 23 - 25 , 1995 . 43 9 Town Board Minutes March 13 , 1995 A roll call vote on the motion resulted as follows : H ile Aye J ohnson Aye S chwartz Aye Steiner Aye Oltz Aye Carried Unanimously Miscellaneous Business 1 ) The Town Clerk reminded the Board that they have not audited t he Clerk ' s records for 1994 . 2 ) The Clerk is seeking quotes from area businesses for a computer for her office . APPROVAL OF WARRANTS General Fund Warrant No . 3 of 1995 - Approved A motion was made by Councilperson Schwartz and seconded by Councilperson Rile to approve the General Fund Warrant No . 3 of 1995 , voucher No ' s . 58 - 88 in the amount of $ 44 , 525 . 43 . A roll call vote on the motion resulted as follows : Hile Aye J ohnson Aye S chwartz Aye S teiner Aye O ltz Aye Carried Unanimously Highway Fund Warrant No . 3 of 1995 - Approved A motion was made by Councilperson Bile and seconded by Councilperson Schwartz to approve the Highway Fund Warrant No . 3 of 1995 , voucher No ' s . 24 - 36 in the amount of $ 41 , 148 . 77 . A roll call vote on the motion resulted as follows : H ile Aye Johnson Aye Schwartz Aye S teiner Aye O ltz Aye Carried Unanimously West Danby Water District Warrant No . 2 of 1995 - Approved A motion was made by Councilperson Johnson and seconded by Councilperson Steiner to approve the West Danby Water District Warrant No . 2 of 1995 , voucher No ' s 6 - 11 in the amount of • $ 1 , 526 . 83 . A roll call vote on the motion resulted as follows : Hile Aye Johnson Aye S chwartz Aye S teiner Aye O ltz Aye Carried Unanimously Approval of Town Clerk ' s February 1995 Report A motion was made by Councilperson Johnson and seconded by Councilperson Hile to approve the Town Clerk ' s February 1995 report as submitted . 431 10 Town Board Minutes March 13 , 1995 A roll call vote on the motion resulted as follows : H ile Aye J ohnson Aye S chwartz Aye S teiner Aye O ltz Aye Carried Unanimously • Approval of Supervisor ' s February 1995 Report A motion was made by Councilperson Hile and seconded by Councilperson Steiner to approve the Supervisor ' s February 1995 Report as submitted . A roll call vote on the motion resulted as follows : H ile Aye J ohnson Aye S chwartz Aye S teiner Aye Carried Unanimously ADJOURNMENT : On a motion the meeting adjourned at 10 : 20 P . M . (241 alai .a/Vtd.)0(r; Carol W . Sczepans Town Clerk