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HomeMy WebLinkAbout1990-06-11 1 Town Board Meeting June 11 , 1990 TOWN OF DANBY BOARD MEETING MINUTES Regular Meeting 8 : 00 P . M . June 11 , 1990 PRESENT : Councilpersons : Dean Eckstrom , Rich Marisa , Mary Oltz Supervisor Ric Dietrich ABSENT : Councilperson Joe Schwartz ( Excused ) OTHERS PRESENT : County Representative - Frank Proto Highway Superintendent - Pete Coddington West Danby Water District Superintendent - Roy Casterline Town Clerk - Carol Sczepanski Town Bookkeeper - Mildred Miller MEMBERS OF THE PUBLIC : Edward Roberts , Pat Woodworth , Frank Darrow , Paul Viscuso , Joel Gagnon , Bill Rappel , Robert Roe , Elizabeth Owens Roe , Mary Casterline , Ray Axtel Supervisor Dietrich called the Regular Meeting of the Danby Town Board to order at 8 : 00 P . M . PLEDGE OF ALLEGIANCE : Supervisor Dietrich led all present in the Pledge of Allegiance to the American flag . Executive Session of Town Board Supervisor Dietrich requested an Executive Session of the Danby Town Board to . review the Fiscal Year 1988 Audit Report . The Town Board adjourned to Executive Session at 8 : 05 P . M . The regular meeting of the Danby town Board resumed at 8 : 30 P . M . and Supervisor Dietrich stated to the public that a letter in response to the 1988 Audit Report would be sent to the New York State Comptroller and a copy of the Fiscal Year 1988 Audit Report and a letter of response to the audit will be on file in the Danby Town Clerk ' s Office . Approval of May 14 , 1990 Town Board Minutes A motion was made by Councilperson Eckstrom and seconded by Councilperson Marisa to approve the May 14 , 1990 Town of Danby Town Board Minutes as published . Carried Unanimously Approval of May 24 , 1990 Town Board Minutes A motion was made by Councilperson Marisa and seconded by Councilperson Oltz to approve the May 24 , 1990 Town of Danby Town Board Minutes as published . Carried Unanimously ADDITIONS TO THE AGENDA : Councilperson Eckstrom requested an item be added to the agenda under New Business - Painting of the Town Hall - Discussion . No Board member objected . Tompkins County Board of Representatives Report Representative Proto reported on the following : 1 ) Construction Management Committee postponed the landfill capacity analysis item that was on their agenda until L 2 Town Board Meeting June 11 , 1990 Wednesday , June 12 , 1990 . 2 ) The Town of Danby submitted a grant proposal for New York State Legislative Grant funds . Senator Seward has informed the Town that we will receive a $ 3 , 000 . 00 grant that will be processed through the Natural Heritage Trust . 3 ) Bus Service for Danby has been approved and should be operating by October 1990 . 4 ) Tompkins County has won their appeal on the DR - 7 landfill site . 5 ) Psychiatric Unit at Tompkins Community Hospital is scheduled to open in June or July 1990 . 6 ) Adult Day Care - Tompkins County is pursuing the issue of adult day care for older citizens . ( Persons who need a higher level of care than home health aides but do not need nursing home care . ) A pilot program has been started at the Reconstruction Home . 7 ) Central Processing Facility - Tompkins County has purchased the land near Southwest Park for the Central Processing Facility . 8 ) Neighborhood Protection Plan - Tompkins County has purchased their first piece of property near the DR- 7 landfill site under the Landfill Neighborhood Protection Plan . 9 ) Tompkins County Illegal Dumping Law has been revised and a section for business and company partnerships has been added . 10 ) Chemung Valley Arts Council - Arts funding is available and application for workshops have been scheduled . The d eadline for application is October 1990 . The Chemung Valley Arts Council will hold application workshops for the 1990- 1991 Decentralization Grant Program . A workshop will be held on June 13 , 1990 at the Tompkins County Court House from 7 : 00 - 8 : 00 p . m . and additional workshops will be held in August and September . 11 ) The Mortgage Tax receipts for the Town of Danby is $ 20 , 662 . 69 . D iscussion followed in regard to New York State and Tompkins County regulations on burning . MEMBERS OF THE PUBLIC : Bus Service for Danby_ Ed Roberts of Bald Hill. Road addressed the Board and reported t hat he knows of an individual interested in providing the bus service for Danby . Representative Proto responded that the provider of bus service must be willing to serve both the Town of Danby and the Town of L ansing . Recreation Facility_/ Ice Rink Mr . Roberts also said that he would like to see a facility in Danby that could be used for recreation and for senior citizens but not an ice rink . He stated that Danby does not need an ice rink . Councilperson F_ckstrom responded to the ice rink issue and stated t hat the Board feels that they need to take a more comprehensive look at the whole recreation program . . 3fr 3 Town Board Meeting June 11 , 1990 Recycling Center Dorothy Roberts of Bald Hill Road reported that she was disappointed when she went to the recycling center last Saturday and found it closed at 2 : 45 with all the containers locked up . Discussion followed in regard to the volume of recyclables collected at the Danby Recycling Center and the need to have the bins emptied more often . The volume of recyclable trash at the Danby Recycling Center exceeds the projected amounts . Brown Road - West Danby Closing Highway Superintendent Coddington reported that it will be necessary to close Brown Road in West Danby from mid July through the Month of August for road repair . A notice will be sent to the Danby Area News and other news media . Raptor Heights Proposal for a Planned Development District Bill Rappel of Muzzy Road reported that he has received a letter from Liz Grisanzio indicating that she would like to meet with citizens on Wednesday June 20 , 1990 at 6 : 30 P . M . on the Raptor Heights site . Ms . Grisanzio is considering a new proposal for a Planned Development District with a 30 % reduction of houses . Councilperson Marisa reported that the developers for the Raptor Heights Planned Development District have filed a law suit in response to the Statement of Findings . Mr . Rappel stated that it concerns him and he is irritated that they want to meet with the neighbors after they have filed a law suit against the Town . Councilperson Eckstrom stated that the purpose claim for the law suit was to provide them " legal " backstop against which they could always eventually test the merit of their proposal . In one perspective that indicates that they have the take it or leave it attitude . Supervisor Dietrich reported that legally the Town is responsible for making legal decisions that are right for the Town . Speeding Traffic on Route 96B Paul Viscuso of Heisey Road reported that the traffic on Route 968 to the City of Ithaca travels at unreasonable speed during rush hour times and asked the Board if there was some way to have the highway patrolled by police agencies during these times . Supervisor Dietrich reported that the speeding traffic through Danby has been reported to police agencies and calls of concern from citizens to the Tompkins County Sheriffs Department and the New York State Police might help increase patrols . COMMUNICATIONS : Municipal Youth Services P,_ g_Agreement_ Supervisor Dietrich reported that the Town of Danby agreement for Municipal Youth Services with Tompkins County to allow the Town to receive matching funds to provide youth services . Historic Ithaca - Preliminar E stimates Supervisor Dietrich reported preliminary estimates for necessary tt, repairs Town has received Hall from Historic Ithaca to bring the buildintou tho code Danby Town re 1 . Rigging and Shoring ( jack up the building and crib : on steel ) ; 2 . Excavate and remove the old foundation ; 3 . Pour new footers and build a 4 foot foundation ; 4 . Insulate foundation with rigid insulation ; 5 . Remove the old floor and structural system , replace it with one designed for proposed use , and then install a new finished floor . 3j4' /0 4 Town Board Meeting June 11 , 1990 new finished floor . The total for this would be in the $ 35 , 000 to $ 50 , 000 range pending architectural design and contractor bids . Additional things the building needs as a result of deferred maintenance is repainting and replacement of the entire roof . Supervisor Dietrich reported that the Town would also pursue a more efficient heating system for the Town Hall . Discussion followed in regard to what the Town will do with the building and what is it ' s future use if we build a new facility . New York State Real Property Tax Law Councilperson Eckstrom reported that the City of Ithaca has requested to Tompkins County and to New York State Legislature to alter the New York State Real Property Tax Law to change the method of equalization computation in Tompkins County . The City h as proposed that the current process be eliminated . Councilperson Eckstrom explained the effects this proposal would h ave on the taxpayers of Danby and other rural townships . The Town Board is proposing that the State Legislature not alter the law at this time . Discussion followed in regard to the effects of the proposed change in the New York State Property Tax Law on small rural t owns especially those who do not have unified school districts . Upcoming Workshops Supervisor Dietrich reported he has received notice of the following workshops : 1 ) SEOR . 2 ) Yard Waste Management , 3 ) Chemung Valley Arts Council . Community Council Councilperson Marisa reported on the following Community Council activities . 1 ) Summer Recreation Program will begin on July 2 , 1990 and will run through July 27 , 1990 and will be held at the Danby Area Church . A registration form for the program will be in the July -August issue of the Danby Area News . Applications for camp scholarships which are partially funded through Community Council will be accepted through June 15 , 1990 . 2 ) The Danby Motor Development Program has ended for this year and was a very successful program . 3 ) Swimming lessons will be given at Danby pond this year in addition to the regular swimming . Lessons for beginning swimmers will begin the second week of July . 4 ) Community Council sent a delegation to Whitestown Community Center near Utica as part of the community recreation center investigation on June 7 , 1990 . They met with managers of the Whitestown and the Town of New Hartford recreation facilities . Both facilities were multipurpose buildings . Councilperson Marisa reported that they have also looked at other facilities . Top priority at the present time is a suitable site for a multipurpose building and possible funding through the New York State Bonding Act of 1986 . Highway Department Report Highway Superintendent Coddington reported on the following : 1 ) CHIPS roads are ready to oil and stone . 2 ) A load of sand has been delivered to the Danby Pond . s. L9 7 5 Town Board Meeting June 11 , 1990 3 ) Trash bins from the pond will be delivered to the Town Highway Barns for pickup on Saturdays . 4 ) Construction on the new Town Highway Barns has been started . 5 ) CHIPS funds have been cut 1 . for 1990 . 6 ) There will be a new driver licence procedure next year for highway personnel . Every professional driver ( bus driver , truck driver , etc . ) must pass a written test to obtain a Federal License . Senior Citizens Report Ed Roberts reported that the Senior Citizens will be going on a trip on Thursday , June 14 , 1990 and have planned a trip to Auburn in August . The Senior Citizens have met with Mr . Frandson from Spencer in regard to Senior Citizen housing in Danby . The Danby Senior Citizens Committee will be send a letter to the Town Board in regard to housing for seniors in Danby . Code Enforcement Officer Report Supervisor Dietrich read the following report from Doug Staley , Code Enforcement Officer for May 1990 . Permits were issued for - 1 three -car garage , 1 pole barn , 2 alterations / renovation and 1 deck . Total building permit fees collected was $ 627 . 00 with a construction value of $ 366 , 880 . There were 2 Certificates issued for the month of May 1990 . Dog Control Report Supervisor Dietrich read the following Dog Control Officer reports : April 1990 - 3 complaints , 1 lost dog , 5 dogs found , 3 dogs impounded , 1 adoption , 2 dogs redeemed by owners , 1 dog is available for adoption and 1 dog was euthanized . Total income for April 1990 was $ 30 . 00 ( $ 10 . 00 from adoptions , $ 20 . 00 from redemptions ) . May 1990 - 13 complaints , 7 lost dogs , 5 found dogs , 19 dogs impounded , 1 adoption , 1 redeemed by owner , 8 dogs available for adoption and 3 euthanized . Total income for May 1990 was $ 30 . 00 ( $ 10 . 00 for adoptions , $ 20 . 00 for redemptions ) . One summons was served . Planning Board Report Chairperson Weitzel reported that the Danby Planning Board held a Public Hearing on the Proposed Bailey Homes request for additional units . She reported that there were no objections from neighbors but the project must have Tompkins County Health Department approval for septic / sewage before Planning Board approval . OLD BUSINESS : Resolution # 53 of 1990 Distribution of Town and County Tax Monies to Fund the Danby Fire District By Councilperson Oltz : Seconded by Councilperson Eckstrom WHEREAS , the Town of Danby Fire District has requested in writing that a more equitable system of paying tax monies due the district be adopted by the Town of Danby in order that the Danby fire District obligations can be met without necessitating borrowing monies to do so ; and WHEREAS , the Fire District budget is completely funded by the Town of Danby Town and County tax receipts ; and WHEREAS , the official records of the Town have been researched and the information obtained indicates that there is no consistent or equitable system used to fund the Danby fire 3ili 6 Town Board Meeting June 11 , 1990 District budget ( see attached results of research to be made a part of this resolution ) ; and WHEREAS , the Town bookkeeper has stated that she is unaware of the needs of the Fire District at any point in time and has not developed a systematic procedure of funding their budget ; and now therefore , it is hereby RESOLVED , That the Danby Fire District budget be funded by tax monies received by the Town in the following manner : 50% of the amount due in February and 50 % or the balance in March of the year being funded . Discussion followed in regard to the proposed two payment Town and County Tax system . Tabling Resolution of Resolution * 53 - Distribution of Town and County Tax Monies to Fund the Danby Fire District Resolution * 54 of 1990 By Supervisor Dietrich : Seconded by Councilperson Eckstrom RESOLVED , That the Town of Danby Town Board table Resolution # 53 - Distribution of Town and County Tax Monies to Fund the Danby Fire District until such time that the Town Board can evaluate the two payment system . A roll call vote on the resolution is as follows : E ckstrom Aye Oltz Aye Marisa Aye D ietrich Aye Carried Unanimously NEW BUSINESS : Resolution 4 55 of 1990 Redistribution of City and School Tax Monies By Councilperson Eckstrom : Seconded by Councilperson Marisa WHEREAS , The City of Ithaca and the Tompkins County Board of Representatives have requested by resolution , the NYS Legislature to alter the NYS Real Property Tax Law , changing the currently adopted method of property tax equalization used to apportion the Ithaca City School District tax levy ; WHEREAS , The NYS Board of Equalization and Assessment periodically conducts Equalization reviews for practically all NYS school districts and is the accepted and designated authority on equalization issues in New York State ; WHEREAS , The Tompkins County Assessor ' s Office has been conducting a county - wide reassessment for the past several years , which was completed less than three months ago , and that there exists insufficient data to justify the equity of the recent reassessment ; WHEREAS , The Ithaca City School District comprises eleven municipalities and two counties . The proposal , as stated , would reapportion school district taxes in a manner which would benefit City of Ithaca taxpayers at the expense of taxpayers in virtually every other municipal district including those in the Town of Danby ; WHEREAS , The City has forwarded the proposal in a manner which h as not facilitated input from the affected municipalities , nor h as there been opportunity for public input , nor adequate time for analytical review . THEREFORE , BE IT RESOLVED , That the Town Board of the Town of 7 Town Board Meeting June 11 , 1990 Danby requests the NYS Legislature to : ( i ) Delay any action on the proposed amendments to NYS Real Property Tax Law until such time that affected municipalities can adequately review the proposal , and until a public hearing can be conducted ; ( ii ) That any alteration to the current method of equalization computation be considered only at a point in time when adequate data is available to indicate that the County Assessor ' s Office can fairly conduct county wide assessments and through substantive quantitative data can prove that equalization , as conducted by NYS Board of Equalization and Assessment is no longer needed ; FURTHER , BE IT RESOLVED , That the Town Board of the Town of Danby requests the Town Supervisor ; ( i ) To convene a meeting of the Tompkins County members of the Association of Towns to discuss these issues ; ( ii ) To forward copies of this resolution to Senator Seward , Assemblyperson Luster , NYS Board of Equalization and Assessment , and the Ithaca City School District . A roll call vote on the resolution resulted as follows : Eckstrom Aye Oltz Aye Marisa Aye Dietrich Aye Carried Unanimously Town and County Taxes in Installments - Tompkins County Proposed Local Law No . 5 of 1990 Tompkins County is proposing a local law which would afford virtually all taxpayers the option to split their Town and County tax bill into two equal installments . The first payment would be due on January 15 , and the second six months later on July 1 . Tax collectors would be required to make a return on or about February 1 of those taxpayers who chose the installment option . The County would be the collecting agent for the second installment and a return would be made for all non - installment payers on about June 1 , as is currently the practice . Resolution ## 56 of 1990 Proposed Town and County Taxes in Installment Local Law By Supervisor Dietrich : Seconded by Councilperson Eckstrom WHEREAS , The Town of Danby is a small one person office not equipped to handle an increased volume of tax activity during the month of January , and WHEREAS , it would be necessary to hire extra help to put together a tax return by February 1 , and WHEREAS , the delay in tax receipts would result in a loss on investment and penalty revenue for the Town ; now , therefore be it RESOLVED , That the Town of Danby Town Board does not support the Tompkins County Proposed Local Law # 5 of 1990 providing for Town and County Taxes to be paid in installments . • -' 57) B Town Board Meeting June 11 , 1990 A roll call vote on the resolution resulted as follows : Eckstrom Aye Oltz Aye Marisa Aye Dietrich Aye Carried Unanimously Neighborhood Watch at Jennings Pond. Councilperson Marisa reported on the problems with undesirable traffic and activities in the Jennings Pond area during the night hours . The neighborhood has formed a neighborhood watch group and they are asking the Town of Danby Town Board to support their request to the New York State Park Police for an automatic motion or activity sensing light for the park area . Letter to New York State Park Police Approved A motion was made by Councilperson Marisa and seconded by Supervisor Dietrich to send the following letter from the Town of Danby Town Board to the New York State Park Police . Dear Lt . Murray : The Town Board has received communications from the neighbors of J ennings Pond in the Town of Danby regarding unusual traffic and activities at the Park . The neighbors have formed a Neighborhood Watch , met with law enforcement officers ( including Officer J imenez on your department ) and explored strategies for d iscouraging the unwanted activities . In addition to the posting Neighborhood Watch signs , the group h as been advised that automatic ( motion or activity sensing ) lighting at the pond would discourage unwanted nighttime visitors t o the Pond parking lot . The light will also help the neighbors monitor the Park , reporting suspicious activity as appropriate . The Danby town board supports the request of the Neighborhood Watch group for automatic lighting at the pond . We greatly appreciate the efforts of your department in meeting with neighbors and instructing them on the operations of law enforcement agencies , reporting procedures and home safety . Working together , we hope to keep the park and its surroundings a pleasant and safe place , year ' round . Sincerely , cc : Mr . Jessie Miller , Senior Engineer Ms . Lori Niland , Jennings Pond Area Neighborhood Watch A roll call vote on the motion resulted as follows : E ckstrom Aye Marisa Aye Oltz Aye D ietrich Aye Carried Unanimously Space for Community Council Supplies Storage Supervisor Dietrich reported that Community Council needs more space to store supplies used for their summer recreation program and the after school program . They have asked permission to secure a space by placing a railing in the front of the Town Hall meeting room to use as a storage space and to secure the stairway . The Town Hoard approved in concept the request for more space for Community Council storage and requested Community Council to submit a design of the proposed renovation before final approval . • . . I'• 9 Town Hoard Meeting June 11 , 1990 Painting of the Town Hall Councilperson Eckstrom reported that it is necessary to have the Town hall painted . The Town will seek bids for the stripping ( if necessary ) and painting of the Town Hall . Discussion followed in regard to replacing the roof of the Town Hall and other repairs to the structure . Approval of Warrants General Fund Warrant *6 of 1990 A motion was made by Councilperson Marisa and seconded by Councilperson Eckstrom to approve , the General Fund Warrant #6 of 1990 in the amount of $ 7 , 071 . 20 as presented . A roll call vote on the motion resulted as follows : Eckstram Aye O1tz Aye Marisa Aye Dietrich Aye Carried Unanimously Highway Fund Warrant to of 1990 A motion was made by Councilperson Eckstrom and seconded by Councilperson Marisa to approve the Highway Fund Warrant # 6 in the amount of $ 11 , 707 . 85 as presented . A roll call vote on the motion resulted as follows : Eckstrom Aye Oltz Aye Marisa Aye Dietrich Aye Carried Unanimously " West Danby Water District #6 of 1990 A motion was made by Councilperson Marisa and seconded by Councilperson Eckstrom to approve the West Danby Water District Warrant # 6 of 1990 in the amount of $ 85 . 56 be approved as presented . Discussion followed in regard to a request from the auditor for an itemized mileage form ( by trip ) to be submitted showing exact odometer readings as well as destination for reimbursement . A roll call vote on the motion resulted as follows : Eckstrom Aye Oltz Aye Marisa Aye Dietrich Aye Carried Unanimously Chips Warrant #2 of 1990 A motion was made by Councilperson Oltz and seconded by Councilperson Eckstrom to approve the Chips Warrant # 2 of 1990 in the amount of $ 9 , 999 . 20 as presented . A roll call vote on the motion resulted as follows : Eckstrom Aye Oltz Aye Marisa Aye Dietrich Aye Carried Unanimously Approval of the May 199OTown Clerk ' s , Report A motion was made by Councilperson Oltz and seconded by Councilperson Marisa to approve the May 1990 Town Clerk ' s report as submitted . 35 10 Town Hoard Meeting June 11 , 1990 A roll call vote on the resolution resulted as follows : Eckstrom Aye Oltz Aye Marisa Aye . Dietrich Aye Carried Unanimously Approval of the May 1990_Supervisor's _Report A motion was made by Counciiperson Eckstrom and seconded by Councilperson Oltz to approve the May 1990 Supervisor ' s Report as presented . A roll call vote on the motion resulted as follows : Eckstrom Aye Oltz Aye Marisa Aye Dietrich Aye Carried Unanimously ADJOURNMENT : On a motion the Town Board Meeting adjourned at 11 : 40 P . M . Respectfully submitted 09441 _________±2k/Carol W . Sczef� li , Town Clerk