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HomeMy WebLinkAbout1995-08-14 462 1 TOWN OF DANBY TOWN BOARD MEETINGS Regular Meeting 8: 00 P. M. August 14, 1995 , f PRESENT : Supervisor Mary Oltz Councilpersons : Rosa Lee Johnson, Joseph Schwartz, Howard Steiner ABSENT : Councilperson Roger Hile (Excused) Others Present : County Representative - Frank Proto Town Clerk - Carol Sczepanski Code Enforcement Officer - Susan Beeners S .P. C. A. Director - Pam Stonebraker S .P. C . A. President - Karen Smith Members of the Public: Roy Casterline, Joel Gagnon, Mary Lou Hardesty, Edw. M. Roberts, Liz Norton Supervisor Oltz called the meeting to order at 8 : 05 P . M. Approval of July 10. 1995 and August 9, 1995 Town Board Minutes A motion was made by Councilperson Schwartz and seconded by Councilperson Johnson to approve the July 10, and August 9, 1995 Town Board Minutes as published. A roll call vote on the motion resulted as follows : Johnson Aye Schwartz Aye Steiner Aye Oltz Aye Carried Unanimously \t Councilperson Johnson reported there is a correction to the August 9, 1995 Special Meeting it(' Minutes under her comments -- add "Based on the candidates which we interviewed--she C6t,0 supports Mary Lou Hardesty and Ralph Wilbur as Planning Board members. " Additions to the Agenda 1 ) Councilperson Schwartz requested that an item be added to the Agenda under New Business - Appointment to the Danby Youth Commission. 2) Supervisor Oltz requested an item be added to the Agenda under Communications - Letter to Town Board from William Shippos. PRIVILEGE OF THE FLOOR: Councilperson Steiner said he read an article in the August 16, 1995 issue of the Journal regarding the billing of the County Solid Waste Fee with the 1996 Tax Bill . He said it appears that the proposal would have a six (6) year payback for the County to break even with the process. If it is going to save the County money it will cost the Town. He said he has not seen anything that says how the County is going to save money by this proposal . . 463 2 Supervisor Oltz reported that she has received of copies of resolutions from two towns of their decision not to approve the County contract to add the County Solid Waste Fee to the 1996 tax bill . Town Clerk Carol Sezepanski reported that. the Town did not receive the State Archives Records Administration (SARA) Grant submitted in February. The Fire District and the Town Record Retention Officers will consult with the SARA. Regional Representative soon for assistance in preparing an application for the 1996-97 grant period . Supervisor Oltz reported that Assemblyman Martin Luster held a Town Meeting in Danby on July 20, 1995 that was well attended County Representative Report Representative Proto reported on the following: 1 ) State Archives and Records Management Program (SARA) - The Governor signed the bill to extend the SARA Program for another five (5 ) years . Fewer individual grants were funded this year and many were funded partially. 2) Agriculture Farm Land Protection Board -- are doing an Ag survey. Charles Schlough has been retained to survey and review the agricultural lands in Ag District No. 1 . 3) Municipal Officials Meeting - A meeting will be held on August 24, 1995 with the Municipal Officials Association and the County Rural Affairs Committee at Cooperative Extension at 7 : 00 P . M. There will be a mid course check on the Rural Affairs Committee Report from earlier this year and an update from the towns on the issues of public works, public safety, solid waste and economic development. 4) County Budget and rollover money -- the County has permitted individual departments to retain their unspent funds for 1993 and 1994 instead of placing them in the General Fund to be used for special funding requests . 5) Solid Waste Fee - the Town of Ithaca, towns of Lansing, Enfield, and Caroline have voted not to enter into a contract with Tompkins County to place the solid waste fee on the To and County Tax Bill for 1996 . The Board of Representatives will address the tax billing proposal the second week of September. 6) West Danby Family Picnic - he attended the West Danby Family Picinic and it was a pleasant affair that was well attended. Councilperson Schwartz referred to a report that the Wastewater Treatment Plant is nearing capacity will soon need to expand the facility. A law forces haulers to use this facility instead of land spreading and privately owned facilities. He asked Representative Proto why haulers were not allowed the option of land spreading and DEC permitted facilities to reduce the cost to residents and the quantity of sewage going to the plant. Representative Proto said that he supports the land spreading of sewage. Councilperson Johnson was excused at 8 : 45 P. M. S.P. C. A. Report Pam Stonebraker, Director of the S . P. C . A. addressed the Board and reported that the Town and the S . P . C . A. are in the second year of a five (5 ) year contract and submitted a report of Dog Control Statistics for the months of for 1994 and January - July of 1995 for the Town of Danby. The adoption rate for the County has increased from 50% to 52%, the return to owner rate is 28%, and the euthanasia rate has dropped from 26% to 20 %. 46 1 3 Karen Smith, President of the S .P . C. A. presented the Board with a Shared Cat Control Expenses Proposal to help pick up the deficit for expenses not covered by the County for providing emergency cat control and a proposal to provide dog enumeration service to the Town. She reported that an enumeration proposal is being offered to all of Tompkins County municipalities and described their proposal. It is possible that the S . P. C. A. could do a dog enumeration in the spring and the process would take approximately two (2) weeks from start to finish. Shared Cat Control Expense Proposal - Karen Smith reported that Tompkins County is not • paying the actual expense to the S .P. C . A. for providing a service for stray cats. The deficit is $ 18,000. The proposal from the S .P. C. A. is to allocate the remainder of the expenses throughout the towns. The share for the town is proposed to be $573 . 00 . Two (2) special requests have been made to Tompkins County to help cover the cost of emergency cat control services. In the event that County funds are received, the S .P . C . A. will adjust the proposal for funding from the Town. Tompkins County Planning Federation - Request for Appointment Supervisor Oltz reported that Tompkins County Department of Planning is requesting the Town to appoint a person to participate in the newly formed Tompkins County Planning Federation. The Tompkins County Planning Federation replaces the County Planning Board and was formed to exchange local ideas and experiences of land use planning. Members of the Planning Federation will also have the opportunity to provide input in planning activities for local government and training sessions for and local boards. The County Planning Federation will start meeting in September and local representatives should be appointed as soon as possible. Supervisor Oltz will contact Planning Board Chairman Ken Horst for a recommendation to the County Planning Federation. Highway Report Supervisor Oltz reported she has received the July 1995 Highway Report from Superintendent William Hall. In July the Highway Department installed center line drainage on portions of Michigan Hollow Road, Curtis Road, Troy Road, Nelson Road and Ridgecrest Road. The Highway Department was on vacation from July 3 through July 11 , 1995 . Councilperson Schwartz reported that many residents have reported concern that logging trucks traveling on Durlfee Hill Road may be overweight and damage the new surface. Code Enforcement Office Report: Susan Beeners reported that revenue received for building permits for 1995 year-to-date is $ 1 ,735 .00 . In 1994 at this time the revenues were $3 ,624. 00 . Building in the Town of Danby seems to be following the trend throughout Tompkins County. Proposed Zoning Ordinance Revisions: • Supervisor Oltz reported that the Town Board has reviewed the Proposed Zoning Ordinance Revisions and that the Town is ready to schedule a public hearing. Motion to Set Public Hearing Date for the Proposed Zoning Ordinance Revisions : A motion was made by Councilperson Schwartz and seconded by Councilperson Steiner that the Town Board scheule a public hearing for 7 : 30 P . M. on September 11 , 1995 , 1830 Danby Road, Ithaca, New York to consider the Proposed Local Law No. 1 of 1995 - Proposed Amendments to the Danby Zoning Ordinance . A roll call vote on the motion resulted as follows : 465 ?/ / 1 / / 9/ C 4 Schwartz Aye Steiner Aye Oltz Aye Carried Unanimously COMMUNICATIONS : 1 ) Supervisor Oltz asked Councilperson Schwartz to read a letter addressed to the Board from William Shippos of West Danby regarding conditions on Brown Road located in • West Danby. The section of Brown Road from the railroad tracks to south of the Inlet Creek has been in very bad condition and not maintained for three (3 ) years. He would like to see Station Road and Bald Hill Road stoned and tarred . 2) Hillview Road Quality Landfill Monitoring - 1994 Annual Report is on file in the Jerk ' s Office. c q1 in OLLECTION OF TOMPKINS COUNTY SOLID WASTE FEE - 1996 TOWN AND COUNTY TAX BILL By Councilperson Schwartz : Seconded by Councilperson Steiner WHEREAS , Tompkins County Officials have proposed to add the County Solid Waste Fee to the 1996 Town and County Tax Bill for collection, now be it RESOLVED, that the Town of Danby Town Board concludes it is not in the best interests of the Town of Danby to collect the Tompkins County Solid Waste Fee on the 1996 Town and. County Tax Bill due to the increased costs of collection and insufficient time to negotiate a satisfactory contract with Tompkins County; and be it further RESOLVED, that the expense for the Town of Danby to collect the Solid Waste Fee will exceed the anticipated revenues, and further RESOLVED, that the Town of Danby Town Board opposes the move by Tompkins County to add this Solid Waste Fee to Town and County Tax Bill . A roll call vote on the resolution resulted as follows : Schwartz Aye Steiner Aye Oltz Aye Carried Unanimously RESOLUTION NO. 42 OF 1995 BOND RESOLUTION OF THE TOWN OF DANBY , TOMPKINS COUNTY, NEW ® YORK, ADOPTED AUGUST 14, 1995. AUTHORIZING THE ACQUISITION OF A HYDRAULIC EXCAVATOR AND A VIBRATORY ROLLER FOR USE BY THE TOWN OF DANBY, STATING THE ESTIMATED MAXIMUM COST THEREOF IS j $94,890, APPROPRIATING SAID AMOUNT THEREFOR, AND AUTHORIZING THE ISSUANCE OF $ 94,890 SERIAL BONDS OF THE TOWN OF DANBY TO FINANCE SAID APPROPRIATION. By Supervisor Oltz ; Seconded by Councilperson Steiner BE IT RESOLVED, by the Town Board (the "Town Board") of the Town of Danby, Tompkins County, New York (the "Issuer") (by the favorable vote of not less than two-thirds of all the members of said Town Board) as follows : Section 1 . Based upon the review of this action by the Issuer, the Town Board hereby determines that said action is a "Type II" Action under the State Environmental Quality Review Act (Article 8 of the Environmental Conservation Law) and therefore no further 456 5 environmental review is required . Section 2. The Issuer is hereby authorized to provide financing to pay the cost of the acquisition of a truck mounted telescopic boom hydraulic excavator and a single drum vibratory roller for use by the Issuer. The estimated maximum cost of said class of objects or purposes including preliminary costs and costs incidental thereto and the financing thereof, is $ 55 , 266 with respect to the hydraulic excavator, and $39,624 with respect to the vibratory roller, for a total cost of $94, 890, and said amount is hereby appropriated therefor. The plan of financing includes the issuance of $94, 890 serial bonds of the Issuer to finance said appropriation, and the levy and collection of taxes on all the taxable real property of the Issuer • to pay the principal of said bonds and the interest thereon as the same shall become due and payable. Section 3 . Serial bonds of the Issuer in the principal amount of $94,890 are hereby authorized to be issued pursuant to the provisions of the Local Finance Law, constituting Chapter 33 -a of the Consolidated Laws of the State of New York (herein called "Law"), to finance said appropriation. Section 4. The period of probable usefulness of said class of objects or purposes for which said $94, 890 serial bonds authorized pursuant to this resolution are to be issued, within the limitations of subdivision 28 of paragraph a . Of Section 11 . 00 of the Law, is fifteen ( 15 ) years. Section 5 . The proposed maturity of the serial bonds will be in excess of five ( 5 ) years. Section 6 . Each of the serial bonds authorized by this resolution and any bond anticipation notes issued in anticipation of the sale of said bonds shall contain the recital of validity as prescribed by Section 52. 00 of the Law and said bonds and any notes issued in anticipation of said bonds, shall be general obligations of the Issuer, payable as to both principal and interest by general tax upon all the taxable real property within the Issuer without limitation of rate or amount. The faith and credit of the Issuer are hereby irrevocably pledged to the punctual payment of the principal of and interest on said bonds and any notes issued in anticipation of the sale of said bonds and provision shall be made annually in the budget of the Issuer by appropriation for (a) the amortization and redemption of the bonds and any notes issued in anticipation thereof to mature in such year and (b) the payment of interest to be due and payable in such year. Section 7 . Subject to the provisions of this resolution and of the Law and pursuant to the provisions of Section 21 . 00, Section 30 . 00 , Section 50 . 00, Sections 56 . 00 to 60 . 00, Section 62 . 10 and Section 63 . 00 of the Law, the powers and duties of the Town Board relative to authorizing bond anticipation notes and the renewals thereof, determining whether to issue bonds with substantially level or declining annual debt service, prescribing the terms, • form and contents of the bonds herein authorized, bond anticipation notes issued in anticipation of said bonds and the renewals thereof, and any other powers or duties pertaining to or incidental to the sale and issuance of the bonds herein authorized, bond anticipation notes issued in anticipation of said bonds and the renewals thereof, are hereby delegated to the Supervisor, the chief fiscal officer of the Issuer. Section 8 . The validity of the bonds authorized by this resolution and any bond anticipation notes issued in anticipation of the sale of said bonds, may be contested only if: a. such obligations are authorized for an object or purpose for which the Issuer is not authorized to expend money, or b . the provisions of law which should be complied with at the date of the AID■ 467 6 publication of this resolution, are not substantially complied with, and an action, suit or proceeding contesting such validity, is commenced within twenty days after the date of such publication, or c . such obligations are authorized in violation of the provisions of the constitution of the State of New York. ID Section 9 . The Town Clerk is hereby authorized and directed to publish this resolution, in full, together with Notice attached in substantially the form prescribed in Section 81 . 00 of the Law in "THE ITHACA JOURNAL," the official newspaper of the Issuer. Section 10 . This resolution is adopted subject to permissive referendum in accordance with. Section 35 . 00 of the Local Finance Law. This resolution shall take effect thirty (30) days after its adoption or, if a petition is filed pursuant to Article 7 of the Town Law, upon the affirmative vote of a majority of the qualified electors of the Issuer voting on the referendum. A roll call vote on the resolution resulted as follows : Schwartz Aye Steiner Aye Oltz Aye Carried Unanimously Danby Youth. Commission Appointment to Danby Youth Commission - Approved A motion was made by Councilperson Schwartz and seconded by Supervisor Oltz to appoint William Livermore of 369 Troy Road, Ithaca, New York to a three (3 ) year term on the Town of Danby Youth Commission. The term of appointment is to begin immediately and will expire on March 31 , 1998 . A roll call vote on the motion resulted as follows : Schwartz Aye Steiner Aye Oltz Aye Carried Unanimously Tompkins County Consortium on Drug and Alcohol Testing Supervisor Oltz reported that she received a proposal from Tompkins County Personnel regarding the proposed Consortium on Drug and Alcohol Testing. If the Town participates in the County consortium, we can be included in the County drug and alcohol. testing. RESOLUTION NO. 43 OF 1995 RESOLUTION TO AUTHORIZE TOWN OF DANBY TO ENTER DRUG AND ALCOHOL CONSORTIUM By Supervisor Oltz : Seconded by Councilperson Schwartz : WHEREAS , Tompkins County, the City of Ithaca, and the Towns and Villages of Tompkins County are required under the Omnibus Employee Testing Act of 1991 to implement drug and alcohol testing for our commercial driver ' s license holders by January 1 , 1996, and WHEREAS, every consortium made up of the County, the City of Ithaca and the Towns and Villages is an efficient and cost-effective method of complying with this law, therefore be it 468 7 RESOLVED, that the Town of Danby agrees to enter the consortium with Tompkins County, the City of Ithaca, and the Towns and Villages of Tompkins County for the purpose of choosing a. third party administrator to manage our drug and alcohol testing program and sharing the costs associated effective immediately through December 31 , 1996 . A roll call vote on the motion resulted as follows : Schwartz Aye Steiner Aye • Oltz Aye Carried Unanimously Other Reports: Planning Board Members - Appointed Councilperson Oltz reported that the Town Board held a special meeting held on August 9, 1995 to appoint two (2) new members to the Town of Danby Planning Board . Mary Lou Hardesty was appointed to a. seven (7) year term and Ralph Wilbur was appointed to a six (6) year term. Retirement Incentive Program : Supervisor Oltz reported that the Town has been invited to join the County Retirement Incentive Program at a cost of $ 17,000 . 00 for five ( 5 ) years. The program is designed to give municipal employees the opportunity to enter into early retirement. The program does not include elected officials . Recycling Center Scheduled to Close: Supervisor Oltz said that she has received confirmation from Tompkins County Solid Waste that the Town of Danby Recycling Center is scheduled to close at the end of August. The last day it will be open is Saturday, August 26 , 1995 . Representative Proto reported that the County was not sure the centers would close at the end of August. It is possible they may extend the closure date until the end of 1995 . Planning Board March 1995 Meeting Councilperson Steiner reported that he would like the tapes of the March 1995 Planning Board Meeting to be retained by the Town. Clerk and offered the following motion : A motion was made by Councilperson Steiner and seconded by Councilperson Schwartz that the tapes from the March 1995 Meeting of the Planning Board be retained by the Town. Clerk for future reference. A roll call vote on the motion resulted as follows : Schwartz Aye • Steiner Aye Oltz Aye Carried Unanimously 1996 Budget Request - AIDS Work of Tompkins County Supervisor Oltz reported that the Town has received a budget request from AIDS Work of Tompkins County asking for funds for $ 1 ,000. 00 from the Town of Danby. Sequoia Pacific Voting Machine Seminars Voting Machine Custodian Edw. M. Roberts reported that he attended the Sequoia Pacific Voting Machine School for custodians. Mr. Roberts reported that he will provide some maintenance service to our machines . Carol Sczepanski, Town Clerk reported that she attended the Sequoia Pacific Seminar for Town 469 8 Clerks and Election Commissioners in August. The seminar provided a history of the Town ' s voting machines from date of purchase to present including maintenance records to date. APPROVAL OF AUGUST 1995 WARRANTS General Fund Warrant No. 8 of 1995 - Approved A motion was made by Councilperson Schwartz and seconded by Councilperson Steiner to approve the General Fund Warrant No. 8 of 1995 , voucher No . ' s 214-244, in the amount of $7, 031 . 96 . • A roll call vote on the motion was as follows : Schwartz Aye Steiner Aye Oltz Aye Carried Unanimously Highway Fund Warrant No. 8 of 1995 - Approved A motion was made by Councilperson Schwartz and seconded by Councilperson Steiner to approve the Highway Fund Warrant No . 8 of 1995 , voucher No ' s 86 - 98 in the amount of $27, 876 . 26 . A roll call vote on the motion was as follows : Schwartz Aye Steiner Aye Oltz Aye Carried Unanimously West Danby Water District No. 7 of 1995- Approved A motion was made by Councilperson Steiner and seconded by Councilperson Schwartz to approve the West Danby Water District No. 7, voucher No ' s. 26 - 29, in the amount of $735 . 69. A roll call vote on the motion was as follows : Schwartz Aye Steiner Aye Oltz Aye Carried Unanimously Town Clerk' s July 1995 Report - Approved A motion was made by Councilperson Schwartz and seconded by Councilperson Steiner to approve the Town Clerk ' s July 1995 Report as submitted . A roll call vote on the motion was as follows : Schwartz Aye Steiner Aye Oltz Aye Carried Unanimously Miscellaneous Reports: Department of Health Division of Environmental Health Report Supervisor Oltz reported that the Town has received a D 0 H 10- 13 Form from the Department of Health Division of Environmental Health. The information must be filled out and returned after testing has been completed on the water system of the West Danby Fire Department building. Roy Casterline reported that it is possible that the contractor failed to have a final testing and inspection on the back flow system or did not make a final report. The final testing and inspection must be done before the form can be completed and returned . He said the Town must 4 7 0 9 contact the Danby Fire Commissioners to schedule the testing and inspection as he does not have access to the fire hall . Roy Casterline reported that he submitted a request for an exemption for testing on the West Danby Water System and he has received word the exemption was granted and is a $3 ,000 . 00 savings to the district Adjournment : On a motion the meeting adjourned at 10 : 00 P.M. /' , Carol W. Sczepamr. , own Clerk min- 8- 14-95 •