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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 6 Public Hearing February 12 , 1990 - 2 - 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 • • 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 . 66 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 f X67 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 . ;44 , 4 Town Board Minutes :. . . , , • .. , , February 12 , 1990 . • 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 ism . ; ate' ? 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 • ) 1b 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 a 7/ 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 • • 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