HomeMy WebLinkAbout1990-02-12 PUBLIC HEARING
TOWN OF DANBY
Monday , February 12 , 1990 - 7 : 45 P . M .
PRESENT :
Supervisor Dietrich
Councilpersons : Eckstrom , Marisa , Oltz , Schwartz
OTHERES PRESENT :
Town Clerk - Carol Sczepanski
Planning Board Chair - Nancy Weitzel
West Danby Water District Supervisor - Roy Casterline
Tompkins County Board Representative - Frank Proto
Members of the Public : Paul Viscuso , William Boehme , Chris Knauer ,
Edw . M . Roberts , Bill Center , Herb Engman
Motion to Open Public Hearing to Consider, Emergency Towing of Vehicles :
Parked or Abandoned on Town of Danby Road-
On a motion the Public Hearing to consider a local law providing for the
emergency towing of vehicles parked or abandoned on Town of Danby roads
was called to order by Supervisor Dietrich at 7 : 45 P . M . , on February 12 ,
1990 .
Supervisor Dietrich read the following Public Notice published in the
Ithaca Journal , February 2 , 1990 .
PLEASE TAKE NOTICE that a Public Hearing regarding the adoption of
a local law to provide for the removal and storage of vehicles parked
or abandoned on highways during snowstorms , floods , fires , or other
public emergencies , or found unattended where they constitute an
obstruction to traffic will be held on Monday , February 12 , 1990 ,
at 7 : 45 P . M . at the Danby Town Hall , 1830 Danby Road , Ithaca , New
York .
The following resolution was passed to the public for their review .
Resolution
Section 1 . TITLE . This local law shall be entitled " Emergency Towing
of Vehicles Ordinance " .
Section 2 . PURPOSE . The purpose of this local law is to authorize ,
as provided in Subsection 8 of Section 1660 , of the New York State Vehicle
and Traffic Law the removal of vehicles parked or abandoned on highways
during snowstorms , floods , fires or other public emergencies , or found
unattended where they constitute an obstruction to traffic by order of
the Town Superintendent of Highways .
Section 3 . AUTHORITY TO IMPOUND VEHICLES .
a ) Any vehicle parked or abandoned on any highway within
the Town of Danby that hinders or impairs the ability
of the personnel of the Town of Danby , or any other
governmental agency , to respond to a snowstorm , flood ,
fire or other occurence to which a prompt response is
necessary or desirable , may be removed by the Town of
Danby .
b ) Any vehicle found unattended on any highway within the
Town of Danby which constitutes an obstruction to traffic
may be removed by the Town of Danby .
Section 4 . STORAGE . The Town of Danby may store any vehicle removed
pursuant to Section 3 in any suitable place at the expense of the owner .
The vehicle may be redeemed by payment of the fees specified in Section 5 .
Section 5 . FEES . The payment of a towing charge not to exceed $ 75 . 00
and a storage charge not to exceed $ 15 . 00 per day shall be payable by
the owner or operator of the vehicle .
Section 6 . NOTIFICATION . The Town Highway Superintendent shall notify
the Town Clerk without delay of any vehicles so removed and it shall be
the duty of the Town Clerk to ascertain to the extent possible the name
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February 12 , 1990
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of the owner of the vehicle and to notify the owner of the removal and
disposition of such vehicle , and of the amount which will be required
to redeem the same . The Town Clerk shall also notify the Tompkins County
Sheriff of the removal .
Section 7 . EFFECTIVE DATE . This Local Law shall take effect immediately
upon its filing in the Office of the Secretary of State in accordance
with the provisions of Section 27 of the Municipal Home Rule Law .
Supervisor Dietrich explained to the public that it was necessary to hold a
second Public Hearing in regard to the Emergency Towing of Vehicles Local
Law as more specific language as to who was mandated to authorize the towing
of vehicles was necessary .
The Councilpersons and Supervisor Dietrich answered questions in regard
to the charge for towing , would owners be notified in advance and who will
do the towing . Supervisor Dietrich said that it will be necessary to put
a towing proposal out to bid .
Motion to Close Public Hearing
On a motion the Public Hearing was adjourned at 7 : 55 P . M .
4ae,caj
Carol W . Sczepanski , Town Clerk
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•
TOWN OF DANBY BOARD PROCEEDINGS
MINUTES
Regular Meeting February 12 , 1990
8 : 00 P . M .
PRESENT :
Supervisor Dietrich
Cauncilpersons - Eckstrom , Oltz , Marisa , Schwarts
OTHERS PRESENT :
Town Clerk - Sczepanski
Highway Superintendent - Coddington
County Representative - Prato
West Danby Water District Supervisor - Casterline
Planning Board Chair - Weitzel
Senior Citizens Liaison - Roberts
EMC Representative - Engman
Fire District Liaison - Genter
MEMBERS OF THE PUBLIC :
Paul Viscuso , Roy Axtell , Frank Darrow , Joel Gagnon , Natalie
Rider , Stephen Rider , Pat Woodworth , T . Daetsch , Eileen B .
Wright , Dorothy Daetsch , Jim Hovanek , Marge Hovanek
PLEDGE OF ALLEGIANCE :
Supervisor Dietrich led all present to the Pledge of Allegiance
to the American flag .
•
Approval of the Town Board Minutes of January 8 , 1990 and
January 26 , 1990
The minutes of the Town Board Minutes of January 8 , 1990 and
January 26 , 1990 were postponed until the March 12 , 1990 Board
Meeting .
COMMUNICATIONS :
Old Town Road
Supervisor Dietrich read a letter from the Daetsch ' s in regard to
removing Old Town Road from the Town and County Maps .
Supervisor Dietrich reported that the Town
legal of Danby is
researching the le
g process required for the naming and
renaming of roads .
Alternatives to Incarceration Program
Supervisor Dietrich reported on a memo to Pat Galbraith ,
Coordinator for the Alternatives to Incarceration Program from
Representative Frank Proto requesting that the Town of Danby be
put on . their list as an area needing a work crew on a continuous
basis for roadside cleanup .
Economic O • • ortunit Corporation Representative
Supervisor Dietrich reported that Councilperson Oltz will be the
representative for the Town of Danby on the Economic Opportunity
Corporation Board of Directors .
R_apture Heights Subdivision
Supervisor Dietrich read a letter from William J . Rappel and
Elizabeth S . Boggess of 66 Muzzy Road opposing the Rapture
Heights Subdivision .
Ti in Fee Costs
Supervisor Dietrich read a letter from Mr . Ken W . Wright of 314
Meadow Wood Terrace to Tompkins County Division of Solid Waste
protesting the user fee for trash bag stickers as it is not a
fair system .
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Town Board Minutes
February 12 , 1990
Trash Tag Meetin.g.... Schedule
S upervisor Dietrich reported that the Solid Waste Division of
Tompkins County will be holding public information meetings on
the new trash tag system at the following locations :
February 15 7 : 00 p . m . Caroline Elementary School
February 21 7 : 00 p . m . Newfield Central School
is
February 22 7 : 30 p . m . Ulysses Town Hall
February 20 7 : 00 p . m . Groton High School
NYSES. Tree Trimming
S upervisor �Dietrich reported that NYSEG will be trimming trees
around the electric and telephone lines in the Danby area . If
residents have questions in regard to trees and landscape on
their properties they should contact NYSEG . •
TOMPK I NS_COUNTY.__REPRESENTAT I VES REPORT :,
S ticker System For _ Gar,bage _Pick _ Up
Representative Prato reported that the sticker system for garbage
pick'. up starts on March 1 , 1990 in Tompkins County . Residents
must purchase their stickers from individual haulers and each
hauler has a different color sticker .
Swap.pinq__ o f .Roads -_
S everal meetings have been held in regard to the swapping of Town
roads with the County . A resolution was brought before the
County Board of Public Works Committee and passed by the County
B oard of Representatives approving the swapping of roads .
• Recycling
The County Budget and Administration Committee is working with •
the Ithaca Journal in an effort to reduce the amounts of glossy
inserts that are used for advertising .
Alternatives to Incarceration
Representative Prato reported that he has received a response
from the Alternatives to Incarceration Coordinator and Danby will
be put on their list as an area needing a work crdw for roadside
cleanup .
Board of Representative Assignments
Representative Prato reported that he will serve as Chairman of
the Tompkins County Health Committee , the Education Committee ,
and will also serve on the Airport Development Committee .
Burning of State Forest Lands
The DEC will hold a public information meeting on Thursday ,
February 15 , 1990 at 7 : 30 F . M . at the Danby Town Hall . The DEC
representatives will make a presentation on the burning of State
Forest Lands .
Funds for Public Building,
Representative Proto reported that he has made a request through
S enator Sewards office for $ 3 , 000 .00 so that Community Council
can do a study of the need for a public building to house day
care , the reading center , community meetings , etc .
HIGHWAY SUPERINTENDENT ' S REPORT
West Danby , Bridge -Bid Opening
S uperintendent Coddington reported that Mr . William Hunt of Hunt
E ngineers and Architects has requested the bid opening for the
W est Danby Bridge Project be held at 5 : 00 F . M . on March 21 , 1990 .
Recy_c Ling_ Bins at ,-the Towr1 Barry
The recycling bins at the Town Barns need to be emptied on a
✓ egular basis and the County has not delivered the container for
n on - recyclable materials .
AMMMIMMOM
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Town Board Minutes
February 12 , 1990
MEMBERS_.OF THE PUBLIC:
Jim_._•_R_ovanek, - Olde Towne Road - addressed the Town Board in
regard to the Town abandoning a section of Old Town road and
stated that in his opinion he thinks if the Town takes that
course that it is a very short sighted view of the future of Olde
Towne Village .
Supervisor Dietrich responded that there are several roads in the
Town of Denby that do not have two exits and that the Town is
looking into the problem of Old "mown Road and Olde Towne Road .
Ed Roberts - Bald Hill Road -•- Reported that he attended a meeting
at NYSEG and that the recycling of aluminum cans will also start
on March 15 1990 and the recycling of plastics will start in
April or May . Preparations are being made for the Reading Room
at the Town Hall .
Supervisor Dietrich reported that there was an energy audit done
on the Town Hall . The Town has applied for a grant from New
York State to convert the Town Hall from electric to gas and to
install a more cost efficient lighting system .
Discussion followed in regard to the cost for heating with gas
verses electric and fuel oil and the increased cost for electric.
Herb Engman . . -- South Danby Road - addressed the Board and urged
everyone to attend the meeting with the DEC on Thursday , February
15 , 1990 on the burning of State Forest Lands . Mr . Engman
reported that ecologically the burning of forest lands is unsound
for this area and that fire control • is not provided by the DEC .
COMMITTEE REPORTS:..
Tompkins County _EMC
Mr . Engman also reported that the DEC is working on the plant and
animal species near the DR7 landfill site , finding all the buried
gas and fuel tanks in Tompkins County , a survey of natural areas ,
and setting up SEOR training for all new members of the EMC and
the town officials throughout the County .
Community Council
Supervisor Dietrich reported that Community Council is looking at
sites for a community center . The Town will be advertising for a
person to serve as a coordinator of youth programs and other
community needs such as day care , after school care , additional
summer programs , etc .
Highway Department_ .. Re_port
Supervisor Coddington reported that the Highway Department has
been keeping roads open and repairing equipment .
Danby Senior Citizens
Ed Roberts reported that the schedule for the Danby Senior
Citizens will be put in the Danby Area News . The first day trip
this year will be on April 4 , 1990 .
Code Enforcement Officer ' s Report
Supervisor Dietrich reported that there were permits issued for
two new homes , one pole barn , one garage , one addition , one
renewal , and one Certificate of Occupancy Was issued . The total
permit fees collected was $ 648 . 00 and total construction value
was $ 270 , 180 . 00 for the month of January 1990 ,
Dog Warden Report
In January 1990 there were ten ( 10 ) complaints , eleven ( 11 ) last
dogs , eight ( 8 ) found dogs , four ( 4 ) impounded dogs , three ( 7 )
adoptions . Income of $ 30 . 00 was collected for adoptions and
$ 20 . 00 for redemptions .
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4 Town Board Minutes
:. . . , , • .. , , February 12 , 1990
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P lanni. n9__ Board Report
S upervisor Dietrich reported that in response to the Planning
Board ' s recommendations to the Town Board of a TV Cable
Subcommittee , the Town Board tel a subcommittee was fine
but wanted to pursue on their awn the section in regard to
allowing poles to be erected , use of the 5 % gross revenue ,
liability insurance limits and the ten -- year franchise agreement .
D iscussion followed in regard to the need of Planning Board
Members to be committed to regularly attend meetings „
Fire_Department .Report
S upervisor Dietrich reported that Bill Center will be the new
Fire Department Liaison . A dinner was held at the Danby Pirates
Club to honor Danby Fire Department Members for their years of
service . The fourth and last pancake breakfast for this year
will be held at the Danby Fire Department on Sunday , February 1B .
1990 .
S upervisor Dietrich suggested that the Denby Fire Department
minutes be sent to the Town to help keep the Board informed of
their activities .
NEW BUSINESS :
Resol ,ution ,_#__ 24 of _1990
NYS Association of Towns Conference
By Councilperson Eckstrom : Seconded by Councilperson Marisa
WHEREAS , Theresa O ' Connor will be attending the NYS Association
of Towns Conference on February 18 - 21 , 1990 on behalf of the
Town
BE IT RESOLVED , that the Board authorizes a $ 300 . 00 cash advance
to be applied towards fees , meals and transportation .
A roll call vote on the resolution resulted as follows :
E ckstrom Aye
Marisa Aye
Olt. : Aye
S chwartz Aye
D ietrich Aye
Carried Unanimously
Resolution # 25 of 1990
Resolution for __the _Emercency Towing- of _ Vehicles
B y Councilperson Dietrich : Seconded by Councilperson Eckstrom
LOCAL LAW # 1 OF 1990
3 - ) 3 - 90 4
Section 1 . TITLE . Emergency Towing of Vehicle Ge44. 4-1fteda.mee4
Section 2 . PURPOSE . The purpose of this local Jaw is to
authorize , as provided in Subsection B of Section 16410 , of the
N ew York State Vehicle and Traffic Law the removal of vehicles
parked or abandoned on highways during snowstorms , floods , fires
or other public emergencies , or found unattended where they
constitute an obstruction to traffic by order of the Town
Superintendent of Highways .
S ectipn 3 . AUTHORITY TO IMPOUND VEHICLES .
a ) Any vehicle parked or abandoned • on any highway
w ithin the Town of Danby that hinders or impairs
the ability of the personnel of the Town of Danby ,
o r any other governmental agency , to respond to a
snowstorm , flood , fire or other occurrence to
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5 Town Board Minutes
February 12 , 1990
which a prompt response is necessary or desirable ,
may be removed by the Town of Danby .
b ) Any vehicle found unattended on any highway within
the Town of Danby which constitutes an obstruction
to traffic may be removed by the Town of Danby .
Section 4 . STORAGE . The Town of Danby may store any vehicle
removed pursuant to Section 3 in any suitable place at the
expense of the owner . The vehicle may be redeemed by payment of
fees specified in Section 5 .
Section 5 . FEES . The payment of a towing charge not to exceed
$ 75 . 00 and a storage charge not to exceed $ 15 . 00 per day shall be
payable by the owner or operator of the vehicle .
Section 6 . NOTIFICATION . The Town Highway Superintendent shall
notify the Town Clerk without delay of any vehicles so removed
and it shall be the duty of the Town Clerk to ascertain to the
extent possible the name of the owner of the vehicle and to
notify the owner of the removal and disposition of such vehicle ,
and of the amount which will be required to redeem the same . The
Town Clerk shall also notify the Tompkins County Sheriff of the
removal .
Section 7 . EFFECTIVE DATE . This Local Law shall take effect
immediately upon its filing in the Office of the Secretary of
. State in accordance with the provisions of Section 27 of the
Municipal Home Rule Law .
Supervisor Dietrich explained that the reason for presenting a
local law for emergency towing of vehicles again was due to
changes in the language relating to authorization for the towing
of vehicles .
This Local Law # 1 of 1990 supersedes the version passed by the
Town Board on January 8 , 1990 .
A roll call vote on the resolution resulted as follows :
E ckstrom Aye
Marisa Aye
O ltz Aye
S chwartz Aye
Dietrich Aye
Carried Unanimously
Resolution # 26 of 1990
Appointment of Planning Board Chair
By Supervisor Dietrich : Seconded by Councilperson Oltz
RESOLVED , That the Town Board appoint Nancy Weitzel as Chair of
the Town of Denby Planning Board for 1990 .
. A roll call vote on the resolution resulted as follows :
E ckstrom Aye
Marisa Aye
O ltz Aye
S chwartz Aye
D ietrich Aye
Carried Unanimously
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6 '.�r : . . t .) Town Board Minutes
February 12 , 1990
Resolution # 27 of 1990
Amendment to 1990 Budget
By Councilperson Marisa : Seconded by Councilperson Schwartz
WHEREAS , salaries are inadequately budgeted for the hours
necessary for the work load ( which gets heavier all the time )
now ; therefore be it
RESOLVED , That monies be deducted from A1630 . 4 in the amount of
$ 2 , 252 . 00 and added to the A1650 . 1 account now at $ 2 , 500 . 00 for
the Corresponding Secretary , making her annual salary $ 4 , 752 . 00
at $ 8 . 25 per hour to be paid bi - weekly , and be it further
RESOLVED , That monies be deducted in the amount of $ 1 , 500 . 00
from 41650 . 18 for the bookkeeper or $ 6 . 01 per hour to be paid
monthly .
A roll call vote on the resolution resulted as follows :
E ckstrom Aye
Marisa Aye
Oltz Aye
S chwartz Aye
D ietrich Aye
Carried Unanimously
Resolution # 28 of 1990
Support of a 911 Emergency Number
By Councilperson Marisa : Seconded by Supervisor Dietrich
WHEREAS , the Town Board of the Town of Danby , Tompkins County ,
New York , recognizes the need for an Enhanced 911 Emergency
System ; and
WHEREAS , such a need is demonstrated in the confusion and in the
excessive , life threatening , delays encountered by citizens who
attempt to use nonexistent 911 emergency services within Tompkins
County ; and
•
WHEREAS , delays and dispatching errors as may occur are
compounded by the remote and rural nature of the Town of Danby ;
and
WHEREAS , the lives and property of the citizens of the Town of
Danby will be safeguarded by the Enhanced 911 features which
enable dispatchers to immediately identify the caller ' s location
and initiate a correct emergency response ; and
WHEREAS , all agencies which respond to local emergencies are
highly valued and deserving of the support of the communities in
which they serve , with such support including professional tools
and systems such as an Enhanced 911 Emergency System ;
THEREFORE , IT IS RESOLVED that the Town Board of the Town of
Danby urges the County of Tompkins , State of New York , as the
appropriate local governmental unit , to establish an Enhanced 911
Emergency System in Tompkins County at the earliest possible
date .
A roll call vote on the resolution resulted as follows :
E ckstrom Aye
Marisa Aye
O ltz Aye
S chwartz Aye
D ietrich Aye
Carried Unanimously
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7 Town Board Minutes
February 12 , 1990
Resolution # 29 of _1990
B rown _ Road Bridge Project
B y Councilperson Schwartz : Seconded by Councilperson Eckstrom
RESOLVED , That the Town of Danby town Board authorize the firm of
Hunt Engineering of Corning , New York to proceed with the bidding
process for the Brown Road Bridge Project , and be it further
RESOLVED , that the Town Board authorize the Town Clerk, to proceed
with advertising the availability of the Brown Road Bridge •
Project bid package starting February 21 , 1990 and to be
advertised weekly for three ( 3 ) weeks consecutively , and be it
further
RESOLVED , That the Town Board will open bids on the Brown goad
Bridge Project at 5 : 00 P . M . on March 21 , 1990 at the Danby Town
Hall , 1830 Danby Road , Ithaca , New York .
•
A roll call vote on the resolution resulted as follows :
E ckstrom Aye
Marisa Aye
O ltz Aye
S chwartz Aye
D ietrich Aye
Carried Unanimously
Resolution # 30 of 1990
Bidding Process for Town Highway Barns
By Councilperson Eckstrom : Seconded by Supervisor Dietrich
RESOLVED , That the Town of Danby Town Board authorize Richard A .
Rust , Architect of Hemlock Hill , DeRuyterq New York to proceed
with the bidding process for the Town of Danby Highway Barns , and
be it further
RESOLVED , that the Town Board authorize the Town Clerk to
proceed with advertising the availability of the Town Highway
Barns bid package starting February 21 , 1990 and to be advertised
weekly for three ( 3 ) weeks consecutively , and be it further
RESOLVED , That the Town Board will open bids on the Town Highway
Barns Project at 4 : 30 P . M . on March 21 , 1990 at the Danby Town
Hall , 1830 Danby Road , Ithaca , New York .
A roll call vote on the resolution resulted as follows :
E ckstrom Aye
Marisa ' Aye
O ltz Aye
S chwartz Aye
D ietrich Aye
Carried Unanimously
Approval of General Fund Warrants #2 of 1990
By Councilperson Marisa : Seconded by Councilperson Schwartz
RESOLVED , That the Town Board of the Town of Danby approve the
General Fund Warrants # 2 of 1990 in the amount of $ 10 , 120 . 72 .
A roll call vote on the resolution resulted as follows :
Eckstrom Aye
Marisa Aye
O ltz Aye
S chwartz Aye
D ietrich Aye
Carried Unanimously
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8 Town Board Minutes
February 12 , 1990
Approval of Highway Department Warrants # 2 of 1990
By Councilperson Eckstrom : Seconded by Councilperson
RESOLVED , That the Town Board of the Town o`f Danby approve the
Highway Department Warrants - # 2 of 1990 in the amount of
$ 11 , 358 . 00 .
A roll call vote on the resolution resulted as follows :
E ckstrom Aye
Marisa Aye
O ltz Aye
S chwartz Aye
D ietrich Aye
Carried Unanimously
• . ter + „ ¢ . ry - ,
Approval of West Danby Water District Warrants
#2 of 1990
By Councilperson Oltz : Seconded by Councilperson Schwartz
RESOLVED , That the Town Board of the Town of Danby approve the
West Danby Water District # 2 of 1990 Warrants in the amount of
$ 731 . 60 .
A roll call vote on the resolution resulted as follows :
E ckstrom Aye
Marisa Aye
O ltz Aye
S chwartz Aye
D ietrich Aye
Carried Unanimously
Resolution # 11 of 1990
Approval of January 1990 Town Clerk ' s Report
By Councilperson Eckstrom : Seconded by Councilperson Oltz
RESOLVED , That the Town of Danby Town Board accept the Town
Clerk ' s January 1990 report .
A roll call vote on the resolution resulted as follows :
E ckstrom Aye
Marisa Aye
O ltz Aye
S chwartz Aye
D ietrich Aye
Carried Unanimously
Resolution # 32 of 1990
Approval of January 1990 Town Supervisor ' s Report
B y Councilperson Eckstrom : Seconded by Councilperson Oltz
RESOLVED , That the Town of Danby Town Board accept the Town
S upervisor ' s January 1990 report .
A roll call vote on the resolution resulted as follows :
E ckstrom Aye
Marisa Aye
O ltz Aye
S chwartz Aye
D ietrich Aye
Carried Unanimously
ADJOURNMENT :
On a motion the meeting adjourned at 10 : 00 P . M .
atri LCj
Carol W . Sczepari ; lfi
' Town Clerk