HomeMy WebLinkAbout1996-05-13 558
1 Town Board Minutes
May 13, 1996
TOWN OF DANBY
TOWN BOARD MINUTES
Regular Meeting 6 : 00 P. M. May 13, 1996
PRESENT:
Supervisor Oltz
Councilpersons : Edward Inman, Rosa. Lee Johnson, Joseph Schwartz, Howard Steiner
Others Present:
County Representative - Frank Proto
Town Clerk - Carol Sczepanski
Members of the Public:
John Augustine, Alice and Peter Supa, Roy Casterline, Nancy Weitzel, Carolyn and Anatal Eberhard,
Rick Dobson, Walter M. Sczepanski, Tom Davis, Carl & Daniel Sullivan, Brian Eden, James L.
Jackson, Karel Sedlacek, Inn Houghton, Thomas and Katherine Halton, Joel Gagnon. Herb Engman
(Arrived at 8 :00 P.M. )
Supervisor Mary Oltz called the meeting to order at 6 :00 P. M. and led all present to the Pledge of
Allegiance to the American Flag.
ADDITIONS or DELETIONS TO AGENDA
Councilperson Schwartz asked the for discussion of a security problem in the Ithaca City Schools.
APPROVAL OF WARRANTS:
General Fund Warrant No. 5 of 1996 - Approved
A motion was made by Councilperson Schwartz and seconded by Councilperson Steiner to approve
the General Fund Warrant No . 5 of 1996, voucher numbers 119- 152 in the amount of $6, 783 . 22.
A roll call vote on the motion resulted as follows :
Inman Aye
Johnson Aye
Schwartz Aye
Steiner Aye
Oltz Aye Carried Unanimously
Highway Fund Warrant No 5 of 1996 - Approved
A motion was made by Councilperson Steiner and seconded by Councilperson Johnson to approve
the Highway Fund Warrant No. 5 of 1996, voucher numbers 61 - 80 in the amount of $ 17, 580 . 93 .
A roll call vote on the motion resulted as follows :
Inman Aye
Johnson Aye
Schwartz Aye
Steiner Aye
Oltz Aye Carried Unanimously
West Danby Water District Fund Warrant No. 5 of 1996 - Approved
A motion was made by Councilperson Inman and seconded by Councilperson Schwartz to approve
the West Danby Water District Fund Warrant No. 5 of 1996, voucher numbers 18 - 20 in the amount
of $248 . 65 .
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May 13, 1996
A roll call vote on the motion resulted as follows :
Inman Aye
Johnson Aye
Schwartz Aye
Steiner Aye
Oltz Aye Carried Unanimously
• Town Supervisor' s April 1996 Report - Approved
A motion was made by Councilperson Schwartz and seconded by Councilperson Steiner to approve
the Town Supervisor ' s April 1996 Report as submitted.
A roll call vote on the motion resulted as follows :
Inman Aye
Johnson Aye
Schwartz Aye
Steiner Aye
Carried Unanimously
Town Clerk' s April 1996 Report - Approved
A motion was made by Councilperson Schwartz and seconded by Councilperson Inman to approve
the Town Clerk ' s April 1996 Report as submitted.
A roll call vote on the motion resulted as follows :
Inman Aye
Johnson Aye
Schwartz Aye
Steiner Aye
Oltz Aye Carried Unanimously
Approval of April 8, 1996 Town Board Minutes :
A motion was made by Councilperson Steiner and seconded by Councilperson Schwartz to approve
the April 8, 1996 Town board Minutes as published.
A roll call vote on the motion resulted as follows :
Inman Aye
Johnson Aye
Schwartz Aye
Steiner Aye
Oltz Aye Carried Unanimously
• PRIVILEGE OF THE FLOOR:
Councilperson Schwartz reported he attended a meeting held by a group of parents from Danby who
are concerned about the violence at the Ithaca High School. From the information presented at the
meeting the situation at the Ithaca High School is unacceptable. A group of concerned parents have
obtained over 300 signatures on a petition asking that the Ithaca High School hire a professional
security firm to provide security for the students. They have obtained affidavits from many students
who are concerned for their safety due to lack of security.
Supervisor Oltz reported that the owners of the Hatfield Estate are willing to donate some property
located on Gunderman Road to the Town to be used for a community center.
Members of the Public:
Gail and Darel Sullivan - 2401 Danby Road - Said she was here for information about NYSEG
Pipeline.
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May 13, 1996
Biian Eden - Signer Hill Road, Spencer, NY - sent a communication to land owners he believes may
be directly affected by the NYSEG Pipe line Proposal. He reported that the NYSEG project is moving
along. He said he would like to speak with the concerned residents after the meeting.
Walter M. Sczepanski - reported that today there were surveyors placing stakes and maping the a
portion of his crop land and agriculture operation in an area that is not on the proposed route . . another
They had already surveyed the property without prior notification, without permission and with NYS
Police car standing Also surveyed was a neighboring property where the owners had denied NYSEG
permission to enter onto their property. It appears that NYSEG is trying to speed up the process by •
failure to notify affected landowners and their response to no prior notification is that it was an
oversite.
Jim Houghton - 1560 Coddington Road reported that NYSEG has a certain corridor that they are
allowed to operate in and believes it is 1 , 000 feet from an existing proposed route .
Rick Dobson - reported that NYSEG had been refused entry on his property three times and that
today they arrived in force with the State Police to gain entry to his property. He feels that they did
not follow proper procedure. If the pipeline would benefit his neighbors and community he would
not object.
Pete Supa - Johnson City - reported that there are many things to be concerned with regarding the
NYSEG Pipeline. He suggested that affected residents call and complain as silence indicates that they
approve.
Carolyn Eberhard - 2434 Coddington Road - left handouts for the Board and residents of of persons
to contact with problems and concerns regarding the NYSEG Pipeline project.
John Augustine - 109 Rich Road - is concerned about the proposed NYSEG pipeline and has just
learned that it may cross about 2500 feet on his property. He wants to know how or why they can
come onto your land without prior notification.
Kathy Halton - 2505 Danby Road - NYSEG has surveyed some of their property without permission
to enter the property.
Karel Sedlacek - 39 Maple Avenue - he asked the Board if they had time to review the materials he
submitted related to a procedure policy for highway department maintenance of road repairs on or
near residential properties. He said that he thinks that the Town should pass a local law or a formal
ordinance of procedure for trimming brush and widening ditches .
Dan Sullivan - 2401 Danby Road - requested that the Town Board take an official stance requesting
that NYSEG and the PSC slow down the process until the facts can be shared with the residents.
James Jackson - 7 Valley View Road - reported he has a lot of water damage and continuing water
from the creek that is near his property. The bridge is in need of repair and the creek needs to be
cleared of large boulders.
•
Town Board Response:
Councilperson Steiner reported that the Town of Danby and the Tompkins County Board of
Representatives have responded to the Public Service Commission in the form of a resolution
requesting that they reopen the entire project for public hearings for people in the Town of Danby
who were not given the opportunity to attend hearings related to the pipeline.
Councilperson Schwartz said that he consulted with the Highway Superintendent and that the area
where NYSEG had proposed the pipeline was very wet due to the beaver dams near Steam Mill Road.
Supervisor Oltz said that she would contact the Highway Superiontendent and the Town Attorney
regarding the Proposed NYSEG pipeline through Town of Danby Properties . In a previous discussion
with the Town Attorney he suggested that a representative from NYSEG schedule a meeting with the
affedted landowners.
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May 13 , 1996
Supervisor Oltz responded to Mr. Sedlecak ' s concern of Highway Department p rocedures and said
that she will ask Mr. Hall to meet with the Board to discuss the possibility of developing a criteria for
notification to residents when it is necessary to open ditches or trim brush in the road right-of-ways
on their property.
County Representative Report
1 ) NYSEG - Pipeline - Representative Proto reported that the Board of Representatives has
received an information packet from. NYSEG and he believes that they may approach the
• County with in additional request related possibly related to the to Home Rule Laws . He told
the public that there was safety in numbers but they must address each complaint and concern
on an individual basis also. The original plans that the Farm and Agrictural Protection Board
reviewed were for the Coddington Road route and the amount of farmland that was involved
was minimal. He suggested that the Farm and Ag Protection Board be consulted regarding
the new proposed route .
2) Road Work Procedures - encouraged the Town to follow up on trying to work out a set of
procedures for road work pertaining to private property.
3 ) Reading Centers - volunteers will meet with Finger Lakes Library Staff on Saturday, May
18, 1996 to disucss how to increase usage .
4) Tours of County Roads - The County Board of Representatives went on a tour and had the
opportunity to view the Comfort Road Bridge from both sides .
5 ) Hillview Road Landfill Closure - the Board passed a resolution for Phase III of the Hillview
Road Landfill Closure Plan.
6) Farmland and Protection Board - a resolution was passed and sent to the Satate regarding
the sponsoring of the Circuit Breaker of taxing for farming and agriculture that would allow
farmers a credit on their State Income Taxes.
7) Assessment Board of Local Review - will be held on Wednesday, May 15, 1996 from 3 :00
to 6 :00 P. M.
8 ) Tompkins Community Hospital - The Tompkins Community Hospital Board has retained
a nerosurgen that will be on staff soon.
9) Sanitary Code Committee - is reviewing Article 8 - regarding subdivision.
10) Recreation Partnership - the Town of Danby had an 800 % increase in participation (261
participants) since the program began.
11 ) Long Rang Environmental Planning in Tompkins County - "Framework for Long Range
• Environmental Planning in Tompkins County" was distributed to the County Board. He has
requested ten ( 10) copies for the Town of Danby.
Couricilperson Inman asked Representative Proto how the County stands with the issue of adding the
Solid Waste Fee to the Town and County Tax Bill.
Representative Proto said that he has been opposed to adding the Solid Waste Fee to the tax bill from
the beginning. The County Board has been told that by including the fee with the tax bill will be a
savings to the County of between $20, 000. 00 and $ 50, 000. 00 and will ease the paperwork in
administration. The solid waste fee is billed on January 1 and is really unfair. He said he feels that
if the tax payers want it on their tax bill we should respect their wishes, and if they don't we should
respect that as well. If there is a savings of $50, 000. 00 it is in the Solid Waste Department.
COMMUNICATIONS:
1 ) Supenisor Oltz reported that in the matter of The State verses The Town of Danby Planning
5 Town Board Minutes
May 13, 1996
Board Petition - The Town has prepared an answer to the petition and filed a Responding
Affidavit.
2) Supervisor Oltz has has made an appointment with Tom Corey to review the Town insurance.
REPORTS :
1 ) Danby Youth Commission -
2) Code Enforcement Report - April 1. 996 received
•
Planning Board Report:
The Planning Board is reviewing Town of Danby Subdivision Regulations for possible revision.
SOLID WASTE FEE
RESOLUTION NO. 35 of 1996
RESOLUTION IN OPPOSITION TO TOMPKZNS COUNTY SOLID WASTE FEE ADDED
TO TOWN AND COUNTY TAX BILL - Approved
By Councilperson Steiner: Seconded by Councilperson Schwartz
WHEREAS, a bill has been introduced in the New York Senate and Assembly (s6367 & a9222) with
the purpose of adding solid waste fees to the Tompkins County and Town tax bills ; and
WHEREAS, this bill if approved would allow the county to direct the collection of this fee be turned
over to the towns; and
WHEREAS, this bill would create additional costs to the towns ; and
WHEREAS, no discussion of impact had been initiated by the county with the towns; and
WHEREAS, the county had previously expended taxpayer dollars to establish the software and
hardware to support the Solid Waste Department ' s collection of this fee; and
WHEREAS, the county has expressed its desire to eliminate the fee in the future; and
WHEREAS, the appearance of this fee on taxpayers annual bill will be interpreted as a tax increase
and the towns will have no control in setting this fee; and
WHEREAS, the Solid Waste Department is a part of the county government and is generating its
operating budget through the tipping fees, recyclable sales and solid waste fees; and
WHEREAS, a change in the method of collection would distort the actual costs of operations; now
therefore, be it
RESOLVED, that the Town of Danby Town Board goes on record as opposing this amendment to
the Real Property Tax Law, and be it further
•
RESOLVED, that the Town Clerk is directed to forward copies of this resolution to the following:
NewYork State Senator John R . Kuhl
NewYork State Senator James Seward
New York State Assemblyman Martin Luster
Tompkins County Board of Representatives :
Stewart Stein
Frank Proto
Tom Todd
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May 13, 1996
A roll call vote on the resolution resulted as follows :
Inman Aye
Johnson Aye
Schwartz Aye
Steiner Aye
Oltz Aye Carried Unanimously
Safety at Ithaca High School
The Board discussed the issue of Safety at the Ithaca High School.
Councilperson Schwartz said that it was clear to him from communications with some of the parents
and students that there is a security problem at the Ithaca High School. If the students have a real fear
for their safety, then something needs to be done . The first and immediate threat is the violence and
many parents and residents would like professionally trained security personnel at the Ithaca High
School that can deal with the increasing problem with gangs and violence .
Councilperson Steiner agreed with Councilperson Schwartz that there is a problem with violence and
lack of security in the Ithaca High School that should be addressed.
ADJOURNMENT:
On a motion the meeting adjourned at 8 :20 P . M.
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Carol W. Sczep s , Town Clerk
min- 5- 13 . 96