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HomeMy WebLinkAbout1997-09-08 j' 49 TOWN OF DANBY PUBLIC HEARING MINUTES SEPTEMBER 8, 1997 Public Hearing: HUD -2 PRESENT : Supervisor Mary Oltz Councilpersons : Mary Lou Hardesty, Edward Inman, Joseph Schwartz, Howard Steiner Others Present: County Planning Representative - Karl Hect Town Clerk - Carol Sczepanski Highway Superintendent - Bill Hall County Representative - Frank Proto Members of the Public : Amy Cusimano , George Hall , Esther Dotson, Naomi Strichartz, David Noteboom, Joel Gagnon, Charles Cole, Robert Roe, John Henderson, Margaret Shepard, Pat Woodworth, Faith Chase, Charles Tilton, Verna R. Little, Josifina Griffin, Scott Hoffay, Dan Klein and others . Public Hearing Declared Open Supervisor Mary Oltz declared the Public Hearing open at 6 : 00 P . M. and read the following notice of publication : "Please take notice that the Town of Danby has authorized two public hearings for the purpose of discussing its 1997 U. S . Department of Housing and Urban Development (HUD) Small Cities Community Development Block Grant and Abbreviated Consolidated Plan. These hearings will take place on Monday, August 11 , 1997 at 6 : 00 P . M. and Monday, September 8, 1997 at 6 : 00 P.M. with the hearings taking place at the Danby Town Hall, 54A Gunderman Road, Ithaca, New York. At such time and place, all persons interested in the subject matter will be heard concerning the same . Published : July 24, 1997 . " Karl Hect, Economic Development Specialist from Tompkins County Planning Department addressed Board and public . He reported that at the last public hearing the application deadline was discussed and the County anticipates that the deadline will be late November 1997. Better Housing of Tompkins County has received some federal funding through the Housing Preservation Grant Program (formerly the Farmer ' s Home Administration) . At a future meeting the County will be asking for a formal resolution from the Town Board authorizing the submission of the application. No public addressed the public hearing. Public Hearing Declared Closed : Supervisor Oltz declared the public hearing closed at 6 : 05 P . M . w Carol Sctptulski , Town Clerk phm-hud2 . 97 4^ : } ti 1 Town Board Minutes September 8 , 1997 TOWN OF DANBY TOWN BOARD MINUTES SEPTEMBER 8, 1997 6 : 00 P .M. Regular Meeting PRESENT : Supervisor Mary Oltz Councilpersons : Mary Lou Hardesty, Edward Inman, Joseph Schwartz, Howard Steiner Others Present : County Planning Representative - Karl Heck Town Clerk - Carol Sczepanski Highway Superintendent - Bill Hall County Representative - Frank Proto Members of the Public : Amy Cusimano , George Hall, Esther Dotson, Naomi Strichartz, David Noteboom, Joel Gagnon, Charles Cole, Robert Roe, John Henderson, Margaret Shepard, Pat Woodworth, Faith Chase, Charles Tilton, Verna R. Little , Josifina Griffin, Scott Hoffay, Dan Klein and others . Supervisor Oltz called the meeting to order at 6 : 05 P . M . and led all present to the Pledge of Allegiance to the American flag . PRIVILEGE OF THE FLOOR: Councilperson Schwartz reported that he has been meeting with the Highway Superintendent regarding the low volume road legislation. Approximately 45 - 50 hours will be needed to do a road census . Councilperson Inman reported that work has started on the renovation to the Town Hall . Demolition on the back of the building is in progress, all the internal partitions, carpeting and side walls have been removed. The contractors working at the site have all submitted signed contracts and submitted insurance certificates for the project . Supervisor Oltz reported that the window drapes in the Town Hall have been sent out to be cleaned . Councilperson Steiner reported that negotiations between the Town of Danby and the Highway CSEA Contract are in progress . Members of the Public : Jennings Pond Program : Amy Cusimano presented the Board with a proposal for the Jennings Pond Swim Program for 1998 . Due to recent developments and the changes in the Community Council programing she is proposing that the Jennings Pond Committee be separate from Community Council , that the Jennings Pond allowed to submitted separately . The committee would like to submit their own budget and operate the swim program in 1998 . Amy read the proposal to the Board and said that she would be more than willing to work with the Board on next years program and procedures . ' 1 Councilperson Schwartz recommended that the i the Town will United Way for funding . If the program is granted funding for 1998 , a contract with Joel Gagnon - acting President of Community Council -- reported that in view of recent developments and the closing of the Danby Motor Development Program and the After School Program, the Community Council has closed the facility located at 467 Troy Road . He appealed to the Board to try to work together with the community to make progress in the Town. The focal point of the next Community Council Meeting will be a complete up-to-date accounting of where they stand financially so that they can accurately access their situation to evaluate their options . 7 5 1 2 Town Board Minutes September 8 , 1997 Esther Dotson - 246 Updike Road - she is distressed that Community Council has been dissolved or is about to be dissolved and hopes it is not happening or hasn' t happened. She said that the Community Council is the whole of Danby . The members of Community Council have some very positive suggestions to bring the community together and she is very much in favor of that kind of positive action. Naomi Strichartz - 708 Comfort Road - is very distressed about the Community Council issue and said that this is a community organization and does not see where it can be dissolved . Everyone in the community should try to do something positive . Pat Woodworth - 305 Gunderman Road - commented that recently when Community Council made an attempt to put some structure into the organization it seemed to be better organized particularly with the recent changes in the bylaws . One benefit of the structure with a Board of Directors, allowed the opportunity to call emergency meetings to make decisions and recommendations . The purpose of the last meeting was to deal with emergency situations and to serve as an agenda meeting for the next meeting . Margaret Shepard - Community Council needs to pull together to give everyone the benefit of the doubt that people who are participating in the reorganization are well intentioned and need to re- group as we have responsibilities to the Town . Josephina Griffin - is here in support of Amy Cusimano and asked the Board to consider the Danby Pond Committee proposal . REPORTS : Code Enforcement Office - August 1997 Report received . Highway Department - August 1997 Report received SPCA - July 1997 Report Received Town Hall Renovation/Addition Project Supervisor Oltz reported that the Town has received quotes from bidders to provide a well for the Town Hall . Roger Howell has submitted the lowest bid and he will also do the ditching that is needed . The other two (2) well drillers that were contacted did not have the equipment to do the ditching. Councilperson Steiner requested that the account status of the Town Hall Project be presented to the Board at the October 1997 meeting. Councilperson Steiner said that in regard to some of the comments made there is an understanding that the Town Board is considering disillusion of the Danby Community Council . He said that he was not aware that any members of the Town Board are planning to dissolve the Community Council . The Danby Community Council is a separate corporation set up with officers and the Board has no control over the functioning of that organization. The Board is obviously concerned with the turmoil within the organization and have a contract with Community Council that stipulates what programs they are supposed to be providing to the community . Supervisor Oltz said that there was discussion of an amount of $2 , 000 budgeted for insurance for Community Council . Before the Town releases any funds to Community Council it will be necessary to review their expenditures to pro-rate the funding balance . Joel Gagnon requested the Board to authorize Supervisor Oltz to review the Community Council accounting records with the Community Council Board of Directors. No Board member objected . Tompkins County Municipal Officials Association Dues Approved A motion was made by Councilperson Steiner and seconded by Councilperson Inman to approve the payment of Tompkins Council Municipal Officials Association Dues in the amount of $20 . 00 7 5 rd 3 Town Board Minutes September 8 , 1997 (twenty dollars) per year. Carried Unanimously COMMUNICATIONS : 1 ) Proposal from Jennings Pond Committee 2) North East Homes - request for extension on the performance bond for Fieldstone Circle i ; roadway dated September 4 , 1997 . 1 3 ) FEMA - Supervisor Oltz reported that the Town will receive $914 . 00 additional FEMA money. 4) CHIPS - The Town of Danby received notice from the New York State Department of Transportation that we will receive approximately $ 10 , 000 . 00 additional monies . 5 ) Town Insurance - request from Sprague Insurance Company to submit a proposal to provide insurance to the Town . 6) Recreation Partnership Program - The Recreation Partnership program from the City of Ithaca are asking $4 , 600 . 00 to participate in the programs in 1998 . 7) Rice Landscaping - August 23 , 1997 - letter of introduction requesting the Town Board to consider Rice Landscaping, Inc . ' s application for re-zoning of a property located at 1428 Danby Road to Commercial Zone B . 8 ) Reduced Speed Limit Study - Notice from Tompkins County Highway Manager, Ward Hungerford, that the TE9a forms and local petition for reduced speed limits on various roads in the Town of Danby to the NYSDoT Regional Traffic Engineer . , a Councilperson Schwartz reported that the request for a 3 -way stop at the West Miller and Comfort Road intersection will be considered by Tompkins County Highway Department. County Representative Report : Representative Proto reported on the following : 1 ) Food Stamp Program - Tompkins County will support the food stamp program for children, elderly and disabled through December 31 , 1997 and will review the program during the 1998 budget process . 2) County 1998 Budget - a copy of the Tompkins County Proposed 1998 Budget and summary is on file with the Town Clerk . 3 ) Comfort Road Bridge - A court hearing was held and the judge ruled in favor of the County on each of the three items that were presented . The County will proceed with the project . 4) Tompkins County Commercial Center Revitalization Program - materials were presented to the Town to apply for the Tompkins County Commercial Center Revitalization Program . Funds are available to provide support to rural commercial centers . 5 ) Coordinating Waste Water Services - The City of Ithaca has the opportunity through the State of New York to expand its capacity for the waste water treatment plant. A resolution was passed by the County Board to coordinate waste water services for the County. REPORTS : { Environmental Management Council (EMC) Robert Roe reported that the EMC did not hold a full council meeting in August. The issue of lake source cooling project is still a major issue at this time . He said he would encourage the Town to 3 7 5 3 4 Town Board Minutes September 8 , 1997 look into flood mitigation funds that are available to townships as well as individuals. The response to the DEC by the EMC on the lake source cooling project proposed by Cornell University has been sent to the County Board of Representatives and will be made public next week. Highway Report Highway Superintendent Bill Hall reported that the highway department has installed the culvert on Valley View Road in West Danby, have removed gravel from the Buttermilk Creek to protect the bridge, and cleared the access road to Buttermilk Creek. The Town has a three (3 ) year permit to remove gravel from Buttermilk Creek. Mr. Hall reported that he attended a seminar in Cortland on the use of Ice Ban Magic. Senior Citizen Report Carol Sczepanski reported that the Danby Senior Citizens are meeting at noon on the first Thursday monthly. The next Senior Citizens meeting will be Thursday, October 2nd at noon and there will be a speaker from R. S . V . P (Retired Senior Volunteer Program. ) A day trip to Rochester for a dinner theater is planned to take place in October. Motion to Adjourn to Executive Session : A motion was made by Supervisor Oltz and seconded by Councilperson Hardesty to adjourn to executive session to discuss a possible appointment to the Board of Zoning Appeals at 6 : 55 P . M . Carried Unanimously Meeting Reconvened The Board meeting reconvened at 7 : 40 P . M . NEW BUSINESS : RESOLUTION NO. 59 OF 1997 APPOINTMENT TO BOARD OF ZONING APPEALS By Supervisor Oltz : Seconded by Councilperson Steiner WHEREAS , the resignation of Robert Roe , a member of the Town of Danby Board of Zoning Appeals , has been submitted to the Town of Danby, and WHEREAS, there is a vacancy on the Board of Zoning Appeals, now be it RESOLVED, that the Town of Danby Town Board appoints Alex Specker of 9 East Miller Road , Ithaca, New York to the Board of Zoning Appeals , and be it further RESOLVED, that the term of appointment is to begin immediately and will expire on December 31 , 1998 . A roll call vote on the resolution resulted as follows : Hardesty Aye Inman Aye ` Schwartz Aye Steiner Aye Oltz Aye Carried Unanimously NEW BUSINESS : North East Homes - Fieldstone Circle Scott Hoffay reported that North East Homes is asking for an extension of the performance bond as they are awaiting the final legal work. The existing performance bond expires on September 31 but is guaranteed until November 1 , 1997 . His attorney and the town attorney are discussing available options regarding a maintenance bond to be held by the town to cover potential problems with the road. He said if there was any way possible for the Town to issue a Certificate of Occupancy before the final conveyance of the roads or to hold a special meeting before the October Board Meeting . Supervisor Oltz said that after written reports have been received from the Highway Superintendent, X54 5 Town Board Minutes September 8 , 1997 the Code Enforcement Officer and the Town Attorney, the Town Board can adopt the road . Highway Superintendent Bill Hall said that the Highway Department did sweep the roads in Fieldstone Circle today but he wants to wash the surface down. APPROVAL OF MINUTES : August 11 , 1997 Town Board Public Hearing Minutes - HUD-1 A motion was made by Councilperson Steiner and seconded by Councilperson Inman to approve the is August 11 , 1997 Town Board Public Hearing Minutes - HUD- 1 as published . A roll call vote on the motion resulted as follows : Hardesty Aye Inman Aye Schwartz Abstained Steiner Aye Oltz Aye Carried August 11 , 1997 Town Board Meeting Minutes A motion was made by Councilperson Steiner and seconded by Councilperson Inman to approve the August 11 , 1997 Town Board Meeting Minutes as published . A roll call vote on the motion resulted as follows : Hardesty Aye Inman Aye Schwartz Abstained Steiner Aye Oltz Aye Carried August 25, 1997 Town Board Meeting Minutes A motion was made by Councilperson Steiner and seconded by Councilperson Schwartz to approve the August 25 , 1997 Town Board Meeting Minutes as published. A roll call vote on the motion resulted as follows : Hardesty Aye Inman Aye Schwartz Aye Steiner Aye Oltz Aye Carried Unanimously Town Supervisor' s August 1997 Report A motion was made by Councilperson Schwartz and seconded by Councilperson Inman to approve the Supervisor' s August 1997 Report. A roll call vote on the motion resulted as follows : Hardesty Aye i Inman Aye Schwartz Aye Steiner Aye Carried Unanimously Town Clerk' s August 1997 Report A motion was made by Councilperson Schwartz and seconded by Councilperson Hardesty to approve the Town Clerk' s August 1997 Report . A roll call vote on the motion resulted as follows : 55 6 Town Board Minutes September 8 , 1997 Hardesty Aye Inman Aye ` Schwartz Aye Steiner Aye Oltz Aye Carried Unanimously APPROVAL OF WARRANTS : West Danby Water District Fund Warrant No . 9 of 1997 A motion was made by Councilperson Steiner and seconded by Councilperson Hardesty to approve the West Danby Water District Warrant No . 9 of 1997, voucher numbers 32-33 in the amount of $ 146 . 22 . A roll call vote on the motion resulted as follows : Hardesty Aye Inman Aye ` Schwartz Aye Steiner Aye Oltz Aye Carried Unanimously Highway Fund Warrant No. 9 of 1997 A motion was made by Councilperson Schwartz and seconded by Councilperson Steiner to approve the Highway Fund Warrant No . 9 of 1997 , voucher numbers 133 - 145 in the amount of $ 15 ,499 . 42 . A roll call vote on the motion resulted as follows : Hardesty Aye Inman Aye ` Schwartz Aye Steiner Aye Oltz Aye Carried Unanimously General Fund Warrant No. 9 of 1997 The Board discussed voucher No . 266 as the amount exceeds the approved amount for purchase and only one quote was presented before approval . RESOLUTION NO. 60 OF 1997 AMENDMENT TO RESOLUTION NO. 57 OF 1997 - EQUIPMENT PURCHASE FOR COURT- Adopted By Councilperson Steiner: Seconded by Councilperson Hardesty WHEREAS, that the Town Board of the Town of Danby amend Resolution No . 57 of 1997 (Equipment Purchase for Court) to increase the amount of $ 2 , 306 . 00 as authorized in Resolution No . 57 of 1997 (Equipment Purchase for Court) by an additional $260 . 00 to cover the cost of on site installation and set up that was not included in the original proposal and required by the Town Justice . • A roll call vote on the resolution resulted as follows : Hardesty Aye Inman Aye Schwartz Aye Steiner Aye Oltz Aye Carried Unanimously 7 5 6 7 Town Board Minutes September 8 , 1997 Approval of General Fund Warrant No . 9 of 1997 A motion was made by Councilperson Schwartz and seconded by Councilperson Hardesty to approve the General Fund Warrant No . 9 , voucher numbers 238 -273 in the amount of $ 9 ,016 . 96 (Voucher No . 253 in the amount of $ 152 . 60 is to be paid out of the Capitol Reserve Fund . ) A roll call vote on the motion resulted as follows : Hardesty Aye Inman Aye Schwartz Aye Steiner Aye Oltz Aye Carried Unanimously ADJOURNMENT On a motion the meeting adjourned at 8 : 10 P . M . audit) j .- Carol . S zepanski, Town Clerk 1. t 't