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HomeMy WebLinkAbout1997-05-12 OW Town Board Minutes 1 May 12, 1997 TOWN OF DANBY TOWN BOARD MINUTES Regular Meeting 6 : 00 P.M. May 12 , 1997 PRESENT : Supervisor Mary Oltz Councilpersons : Edward Inman , Rosa Lee Johnson, Joseph Schwartz, Howard Steiner Others Present : Carol W . Sczepanski Town Clerk Code Enforcement Officer - Susan Beepers County Representative - Frank Proto Highway Superintendent - William Hall Members of the Public : Robert Roe , John Sammis, Josefina Griffin, Joel Gagnon, Mary Lou Hardesty, Roy Casterline Supervisor Mary Oltz called the meeting to order at 6 : 00 P . M . and led all present in the Pledge of Allegiance to the American Flag . ADDITIONS TO THE AGENDA : 1 ) Susan Beeners asked that a resolution for Approval of Application for NYSCA Resource Survey be added to the Agenda. No Board member objected . PRIVILEGE OF THE FLOOR Members of the Public : Josephina Griffin - Community Council Representative - reported that there is confusion regarding the Danby Community Center project and wants to make sure that everybody understands that the Danby Community Council is not working on Danby day care center. It is working on a Danby community center that will house a day care center. The day care center will be only a small part of the community center. John Sammis - 106 Fieldstone Circle - he said that he understands there are some problems at Fieldstone Circle and is here to see if they are resolved tonight . COMMUNICATIONS : 1 ) Notice from Budget & Finance - RE : Time Warner Franchise 2) Purchase Offer from Scott Engelhart for the Bald Hill Highway Barns property 3 ) Letter from Budget and Personnel Committee of the Tompkins County Board of Representatives regarding possible discontinuance of the county portion of sales tax on clothing and footwear. County Representative Report : Representative Frank Proto reported the following : 1 ) County Budget - the County has started their budget process for fiscal year 1998 and the forms have been revised . 2) Board of Health Committee - they will begin Subdivision Review for Article 18 3) Farm and Agriculture Protection Board -are working on recommendations to present to the County Board on how to maintain agriculture and agriculture business in Tompkins County. Also options for small growers and financing available in agri -business . 4) Solid Waste Fee - there is no procedure for grievance or waiver of the solid waste fee for vacant homes and apartments as it is now part of the tax bill . There is no procedure for grievance of the fee . gOR Town Board Minutes 2 May 12, 1997 5 ) Hillview Road Landfill Committee - A different style of monitoring the landfill on Hillview Road and on a less frequent basis has been proposed by the County . The committee would like the decision delayed until they have more information from the Department of Public Works on what is being proposed . 6) West Danby Methodist Church Driveway - NYS agreed to deepen the ditches to divert the water to protect the driveway . 7) Sales Tax - if you shop outside the City of Ithaca more of the tax dollar comes back to the Towns . 8) Comfort Road Bridge - the Industrial Access Project that the Town supported for the repairs to Comfort Road Bridge has been approved but no money has been received . The County is going to proceed with work on the bridge this summer . Supervisor Oltz asked Representative Proto for an update on the possible discontinuance of sales tax on clothing and footwear. Tompkins County Budget and Personnel Committee has asked for written comments form the municipality on this important issue . Representative Proto said that he has a problem with discontinuing the sales tax for clothing and footwear. The loss in the sales tax revenue to the County may result in a raise in property taxes or trimming back programs . Joel Gagnon - reported that the Hillview Road Landfill Advisory Committee is concerned with a proposal for the monitoring wells at the landfill . The County proposes what is allowed by the State of New York which is one monitoring per year with monitoring points shifting quarters . The committee is proposing to the County that they continue quarterly monitoring reducing the amount of testing that is being done . COMMUNICATIONS : 1 ) A letter from Time Warner regarding adjustment to 1997 Tax Roll for Franchise Fee levied on Tax Roll to Town of Danby . 2) A Purchase offer for Old Town Barns from Scott Engelhart 3 ) A letter from Tompkins County Planning Committee regarding Sales Tax REPORTS : Highway Department - April 1997 - Received Code Enforcement Office - April 1997. - Received Dog Control - SPCA - March 1997 Received Planning Board : Kenneth Horst, Chair of the Planning Board reported that the Planning Board has been very busy and had four (4) meetings during the month of April . A working session was held with Becky Bilderback of Better Housing for Tompkins County and Barbara Blanchard of Tompkins County Board of Representatives The proposed Danby Community Center has also required extra meetings of the Planning Board and is still an issue for consideration. The present status of the community center project proposal is that the Planning Board put some restrictions on the special permit relative to asking the building committee to meet those conditions before consideration for approval of a special permit. There probably has been some misunderstanding and he thinks the Planning Board did a very wise thing at their last meeting by not making a decision in order to give the proposal all consideration possible . There is no disagreement as to the need of a community center and the members of the Planning Board are interested in what the public has to say . Discussion: Councilperson Steiner asked if their decision to adjourn discussion was based on the proposed 693 Town Board Minutes 3 May 12, 1997 location or is that what the Planning Board is striving to make the decision on . Kenneth Horst said that this was a request for a special permit relative to the Mosher location . Involved in that decision is the question of is the proper site . Councilperson Steiner said that it was his understanding that there were three (3) items the Planning Board wanted addressed . Upon satisfactory resolution of those items was all that was holding up the issuance of the special permit . Chairperson Horst said Mr. Steiner was correct and that they will have to return to the Planning Board for a site plan approval but that was all that was holding up the site plan approval . Susan Beeners said that Community Council had met the three conditions that were required . A second public hearing is scheduled to a change in the acreage and the site plan. She said that her draft resolution includes approval for granting a special permit, general site plan approval and final site plan approval . It is the Planning Board ' s decision to approve or disapprove . Environmental Management Council (EMC) Robert Roe reported that the next EMC meeting will be held on April 14 , 1997 and will be focused on the Lake Water Cooling issue . He said he had read the Executive Summary of the report . The report refers to the impact on the temperature of the lake . He has been unable to determine in the report how the point of impact effects the southern end of Cayuga Lake . He is very suspicious of the project and the one degree shift in the temperature is for the entire 42 miles of Cayuga Lake not the point of impact. Highway Department Report : Highway Superintendent William. Hall submitted the April 1997 Highway Report -- the Highway Department plowed snow, cindered roads as needed, cleaned ditches , trimmed trees, patched pot holes, installed culverts , and repaired equipment and serviced equipment to be used this spring . Agreement to Spend Town Highway Funds : Supervisor Oltz presented the Board with an. Agreement to Spend Town Highway Funds for general maintenance and repairs . Highway Superintendent William Hall explained to the Board that the agreement is for general repair, CHIPS , the bridge fund in the 1997 Town Highway Budget for contractual and labor in the form is required by the State of New York and Tompkins County. The Town Board signed the Agreement to Spend Town. Highway Funds - Pursuant to the provisions of Section 284 of the Highway Law. Roy Casterline reported that the driveway to the West Danby Fire Department a narrow gravel drive . The building is used as a public building for fire department activities, pancake breakfasts and a polling place for voting as well as access for the Fire Department. When it rains vehicles are a mess when they use the drive and the Town should think about doing something to the drive . Highway Superintendent William Hall said that the West Danby Fire Department driveway was one of the repair projects that the Highway Department did not get accomplished last year due to the flood damage repairs . The telephone poles have been moved and the drive is ready to have a new gravel surface this year. OLD BUSINESS : FIELDSTONE CIRCLE RESOLUTION NO. 38 OF 1997 - Approved EXTENSION OF DEADLINE FOR COMPLETION, DOCUMENTATION, AND CONVEYANCE OF ROADS AND ASSOCIATED PUBLIC IMPROVEMENTS - FIELDSTONE CIRCLE SUBDIVISION By Councilperson Steiner : Seconded by Supervisor Oltz ' 9 ,' Town Board Minutes 4 May 12 , 1997 WHEREAS, the developers of " Fieldstone Circle Subdivision" have requested that the Town of Danby Town Board extend the deadline for completion, documentation, and conveyance of the roads and associated public improvements in said subdivision from June 1 , 1997 to the approximate date of July 31 , 1997 ; and WHEREAS , the developers are in the process of obtaining a Highway Work Permit from the New York State Department of Transportation for the construction and completion of work in the interest of said Department; now, therefore , it is RESOLVED, that the Town of Danby Town Board hereby approves an extension of the deadline for completion, documentation, and conveyance of the roads and associated public improvements in "Fieldstone Circle Subdivision" until September 1 , 1997 , conditional upon the Letter of Credit Number 51326 issued to the Town of Danby' s benefit by Snyder County Trust Company, in the amount of $62 ,769 ,00 , being extended to November 1 , 1997 to reflect the extended deadline of September 1 , 1997 for said completion, documentation, and conveyance ; and it is further RESOLVED, that a Certificate of Occupancy for the dwelling on Town of Danby Tax Parcel No . 2 . - 1 -52 . 5 , also known as 106 Fieldstone Circle , will not be issued until the following conditions have been met : (A) A Highway Work Permit has been issued by the New York State Department of Transportation and a true copy of same is received by the Code Enforcement Officer; (B) The Code Enforcement Officer and Town Supervisor, along with the Town Highway Superintendent and Town Attorney, are satisfied with the schedule and specification of work for completion of roads and associated public improvements in Fieldstone Circle Subdivision as arranged by the developer in consultation with such Town officials and with the New York State Department of Transportation ; and O All applicable building code requirements have been met; and it is further RESOLVED , that up to and no more than two new building permits for a total of two new dwellings in Fieldstone Circle Subdivision may be issued once the following conditions are met : (A) A Highway Work Permit has been issued by the New York State Department of Transportation and a true copy of same is received by the Code Enforcement Officer ; (B) The Code Enforcement Officer and Town Supervisor, along with the Town Highway Superintendent and Town Attorney, are satisfied with the schedule and specification of work for completion of roads and associated public improvements in Fieldstone Circle Subdivision as arranged by the developer in consultation with such Town officials and with the New York State Department of Transportation ; O All applicable building code requirements have been met ; and (D) A true copy of the fully-executed contract for the construction of the dwelling for which a permit is being sought is delivered to the Code Enforcement Officer; and it is further RESOLVED , that no Certificates of Occupancy shall be issued for the dwellings constructed under said two new building permits until the roads and associated public improvements in Fieldstone Circle Subdivision are completed and are accepted by the Town. Board (except as said issuance might be modified upon further application by the developer to the Town Board) , and that said building permits shall contain a notation to that effect ; and it is further RESOLVED , that the adoption of these resolutions does not waive any of the usual requirements c imposed upon the developer as preconditions a pcfo� completion ofsthearoadsuand improvements, including, without limitation, requirements associated public improvements in Fieldstone Circle Subdivision in accordance with the Town of Danby Highway Specifications and other applicable regulations, satisfactory delivery of title to same, satisfaction of all requirements of the New York State Department of Transportation, and formal acceptance of the roads after such completion, by resolution of this Town Board ; and it is further RESOLVED , that the Town Board authorizes the Code Enforcement Officer to issue a Certificate of Occupancy for the garage being built under Building Permit # 1670 at the existing residence at Town Board Minutes 5 May 12, 1997 124 Fieldstone Circle , Robert and Karen Walters , owners, if and when all pertinent building code requirements have been met . A roll call vote on the resolution resulted as follows : Inman Aye Johnson Aye Schwartz Aye Steiner Aye Oltz Aye Carried Unanimously ANGELHEART DESIGNS INC. - Public Hearing Date Set The Town. Board set a public hearing date for Wednesday, June 4 , 1997 at 6 : 00 P .M. , 1830 Danby Road, Ithaca, New York to consider a local law entitled "A LOCAL LAW AMENDING THE TOWN OF DANBY ZONING ORDINANCE RELATED TO BOUNDARIES AND PERMITTED USES OF PLANNED DEVELOPMENT ZONE 10 AND ADJOINING LANDS " . Copy Machine Purchase Supervisor Oltz reported that it is necessary for the Town to lease or purchase a copy machine . Town Clerk Carol Sczepanski reported that she has received several quotes from area suppliers for purchase and/or lease and submitted the quotes to the Board for review. She recommended that the Board consider leasing a Sharp Model 2030 from Duplicating Products, Inc . and a maintenance contract without drum replacement for the first year of the contract . Customers of Duplicating Products, Inc . are very satisfied with their maintenance service . Supervisor Oltz said that the Town will rent a copy machine until the Board has decided on a supplier and a lease agreement. Dog Enumeration The Town Clerk submitted to the Supervisor a proposed contract from the SPCA to conduct a dog enumeration in the Town of Danby . Supervisor Oltz is not satisfied with the contract and will contact the Director of the SPCA to clarify items in the contract . Finger Lakes State Parks Agreement- Jennings Pond Supervisor Oltz reported that she has not received the agreement from the Finger Lakes State Parks for Jennings Pond. The Pond Committee has filed for the Health Department Permit for the summer swimming program . Town Hall Renovation/Addition Building Project The Board reviewed more detailed plans for the Town Hall Renovation/Addition Building Project from. H H G Architects . APPROVAL OF WARRANTS General Fund Warrant No . 5 of 1997 - Approved A motion was made by Councilperson Steiner and seconded by Councilperson Schwartz to approve the General Fund Warrant No . 5 of 1997 voucher numbers 132 - 158 in the amount of $ 5 , 786 . 33 . A roll call vote on the motion resulted as follows : Inman Aye Johnson Aye Schwartz Aye Steiner Aye Oltz Aye Carried Unanimously Town Board Minutes 6 May 12, 1997 Highway Fund Warrant No . 5 of 1997 - Approved A motion was made by Councilperson Schwartz and seconded by Councilperson Johnson to approve the Highway Fund Warrant No . 5 of 1997 voucher numbers 70- 85 in the amount of $ 7 , 178 . 57 . 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 Warrant No. 5 of 1997 - Approved A motion was made by Councilperson Schwartz and seconded by Supervisor Oltz to approve the West Danby Water District Warrant No . 5 of 1997 voucher numbers 16- 18 in the amount of $292 . 66 . A roll call vote on the motion resulted as follows : Inman Aye Johnson Aye Schwartz Aye Steiner Aye Oltz Aye Carried Unanimously Town Clerk' s April 1997 Report - Approved A motion was made by Councilperson Schwartz and seconded by Councilperson Steiner to approve the Town Clerk' s April 1997 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 Town Supervisor ' s April 1997 Report - Approved A motion was made by Councilperson. Steiner and seconded by Councilperson Schwartz to approve the Town Supervisor ' s April 1997 Report as submitted . 6 A roll call vote on the motion resulted as follows : Inman Aye Johnson Aye Schwartz Aye Steiner Aye Carried Unanimously Town Board Minutes - April 14 . 1997 Corrections to Town Board Minutes - April 14 , 1997 1 ) Under Discussion - Resolution No . 33 of 1997 (Councilperson Steiner) - delete the word (support) insert supported ; 2) Under Discussion - resolution No . 33 of 1997 (Councilperson Steiner) - insert Because we were authorized by the Approval of the Town Board Minutes of April 14 , 1997 A motion was made by Councilperson Steiner and seconded by Councilperson Inman to approve the Town Board Minutes of April 14 , 1997 as corrected . ' 57 Town Board Minutes 7 May 12, 1997 A roll call vote on the motion resulted as follows : Inman Aye Johnson Aye Schwartz Aye Steiner Aye Oltz Aye Carried Unanimously The Board Meeting recessed at 8 : 30 P . M . and councilpersons Johnson and Schwartz were excused . APPLICATION FOR NYSCA HISTORIC RESOURCE SURVEY RESOLUTION NO. 39 OF 1997 - APPROVED APPROVAL OF APPLICATION FOR NYSCA HISTORIC RESOURCE SURVEY By Councilperson Inman : Seconded by Councilperson Steiner WHEREAS, the Town of Danby is in need of a reconnaissance - level survey of its Historic Resources, which survey would be an important component of Town comprehensive planning and economic development work; and WHEREAS, the Town of Danby Town Board on March 10 , 1997 endorsed the preparation of an application to the New York State Council on the Arts by Olivia Vent, a Town resident, for funding for such a survey ; and WHEREAS, the application as proposed would include the payment of $ 300 . 00 by the Town of Danby for copy services and production of the historic resource survey report ; now, therefore, it is RESOLVED, that the Town of Danby Town board approves the expenditure of $ 300 . 00 for copy services and production of the historic resource survey report as proposed in said grant application, to be budgeted in 1998 upon grant approval . A vote on the resolution resulted as follows : Inman Aye Steiner Aye Oltz Aye Carried Unanimously Board Meeting Reconvened The Town Board Meeting reconvened at 8 : 35 P . M . Sale of Old Town Barns- Discussion Town Attorney John Barney arrived at 8 : 35 P . M . The Town of Danby received a purchase offer from Scott Engelhart for the Old Town Barns property located at 13 Bald Hill Road . Mr. Engelhart would like to lease the property for a period of not more than six (6) months while negotiating purchase . Attorney Barney reported to the Board that sale of the Town property is subject to permissive referendum . Declaring the property a surplus property is not necessary. Susan Beeners reported that there is no survey map of the property and it looks like the driveway encroaches on an adjoining property. There is also a ten ( 10) foot right-of-way access, described in a deed for an adjoining property, that appears to stop short of the corner of the property. The point of most concern is there is no access to the adjoining Danby Federated Cemetery. Councilperson Steiner said that it is unknown at this time if a rezoning of the property would be successful . The property is zoned as residential and the purchase offer is for a commercial activity. The Board asked the Town Attorney to draw up a purchase agreement without a lease provision with contingencies regarding the rezoning . Mg Town Board Minutes 8 May 12, 1997 ADJOURNMENT : On a motion the meeting adjourned at 9 : 10 P . M . adwAL' Carol W . Sczep s t , Town Clerk min- 5 - 12 . 97