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HomeMy WebLinkAbout1990-12-10 f TOWN OF DANBY TOWN BOARD MINUTES Regular Meeting 8 : 00 P . M . December 10 , 1990 P RESENT : Councilpersons : Eckstrom , Marisa , Oltz , Schwartz Supervisor Dietrich _Others Present : County Representative - Frank Proto H ighway Superintendent -- Pete Coddington Planning Board Chair - Nancy Weitzel Town Clerk - Carol Sczepanski H ealth Department Representative - John Anderson Members of the Public : Paul Viscuso , Joel Gagnon , Chris Knauer , Arch Dotson , Lamar Herrin , Susan Beeners , Roy Casterline , Herb E ngman , Sally Gagnon , , Bill Rappel , Mary Ann Kozak , Rick Dobson PLEDGE OF ALLEGIANCE : S upervisor Dietrich led all present to the Pledge of Allegiance to the American flag . Approval of the November 12 , 1990 and November 15 , 1990 Town Board Meeting Minutes S upervisor Dietrich requested that the approval of the November 12 , 1990 and November 15 , 1990 Town Board Meeting Minutes be postponed until the December 27 , 1990 Year - end meeting . ADDITIONS OR DELETIONS TO THE AGENDA: Supervisor Dietrich requested the deletion of an item under New Business - Designation of Lead Agency for Raptor Heights II - Resolution # 78 . N o Board Member objected . Town__of Danbv Year =end Town Board Meeting Supervisor Dietrich reported that it is necessary to set a date for the Town of Danby Town Board Year - end meeting . A motion was made by Councilperson Eckstrom and seconded by Councilperson Oltz to schedule aTown of Danby Town Board meeting for 5 : 00 P . M . on Thursday , December 27 , 1990 , A roll call vote on the motion resulted as follows : E ckstrom Aye Marisa Aye O ltz Aye Schwartz Aye D ietrich Aye Carried Unanimously RABIES INFORMATION PRESENTATION : By Tompkins County Health Department Representative - John Anderson Supervisor Dietrich introduced Tompkins County Health Department Representative John Anderson to the Town Board and Public . Representative Anderson addressed the Town Board and public and explained that he was here to explain the role of the Tompkins County Health Department in regard rabies . The Health Department programs are aimed at preventing rabies in the human race . The major area investigated by the Health Department is bites . tnbdl2 - 10 . 90 /VA° 2 Town Board Minutes December 10 , 1990 Mr . Anderson explained the process Tompkins County will follow in the event a person is bitten by any animal ( cat , dog , bat , racoon , etc . ) . Tompkins County Health Department also organizes clinics throughout the County for the vaccination of cats and dogs . P RIVILEGE OF THE FLOOR : Councilperson Eckstrom - reported that in response to a letter from J ames Mason , Chairman of the Tompkins County Board of Representatives , he feels a serious problem of communication between the County Board of Representatives and the Town of Danby in regard to the Landstrom Landfill exists . He said from his prospective the Town lacks organization , we don ' t know what information we have asked for and lack accountability as a consequence . Councilperson Eckstrom presented a letter addressed to the Board for communication . D iscussion followed and Supervisor Dietrich and Councilperson Schwartz suggested the issue be discussed in an Executive Session as it relates to a personnel issue . Councilperson Marisa stated that a process of communication has been started and the Town needs to work on it . He also said the communications referred to should be read at a public meeting . Councilperson Eckstrom summarized his letter as follows : The Town has been hearing for two ( 2 ) years that a communication problem exists between Tompkins County and the Town . In June 1989 Supervisor Dietrich met with Jim Mason , Chairman of the Board of Representatives and County Representative Proto to discuss a methodology by which unresolved concerns could be addressed . Mr . Mason ' s communications indicate that methodology has not been employed and meanwhile communications have been sent to other government agencies stating that there is a lack of communication . Councilperson Eckstrom said he agrees there is a lack of communication and thinks the problem results from our lack of organization . The Board has never summarized together an organized list of what we thought were issues . Issues were never transmitted to the County in a formal way . He said he thinks that lack of communication was a failure to follow through . Councilperson Eckstrom stated in his opinion we need to do the following : 1 ) Patch things up with the County and with this Board ; 2 ) Get organized in conjunction with the County Landfill Committee ; 3 ) Get our correspondence log together as discussed at the November 1990 Town Board Meeting and formalize the issues people want to see addressed ; 4 ) A methodology established by which the Town Board can be assured the transmittals are in process ; D iscussion followed : Councilperson Oltz suggested that Mr . Mason ' s letter be read into the minutes and that the issue of communication be addressed in an E xecutive Session of the Town Board . Councilperson Marisa said he thinks the process with Super Group and the zoning situation may be ( as a person who has not been close to that process ) the lack of a paper trail from the organization standpoint He further said he has not seen any minutes from those meetings on any regular basis , this problem has been going on for a long time and has not been transmitted very well to the public . tnbdl2 - 10 . 90 ar 3 Town. Board Minutes December 10 , 1990 A lot of the same problems the Town Board has been dealing with respect to the landfill are someplace in the process of creating the zoning ordinance . He would like to see more structure and more documentation of that process with more presentation of that documentation to the public . Supervisor Dietrich red the following letter for the record : " Hon . Fredric Dietrich Supervisor , town of Danby Danby Town Hall 1830 Danby Road Ithaca , New York 14850 Dear Ric : I recently received the minutes of the special public meeting held by the Danby Town Board on September 10 , 1990 to discuss the community ' s concerns about the continued operation of the Landstrom landfill . I am also in receipt of your memorandum of October 30 , demanding a third party engineering study of the landfill , While I can appreciate your frustration over the continued operation of the landfill , I am really quite angry about your comments concerning your inability to get the County to respond to your questions . In June of last year , I met with you , Representative Proto , and several other Danby residents to discuss your concerns about the flow of information between the County and the Danby Town Board . I believe it was very clear to all of those in attendance at that meeting that I stood ready to assist you in any way possible by sharing information and / or attempting to get answers to any questions you might have . I indicated to you then that you should feel free to contact me at any time , at home , at my job at Cornell , or through the County Board office , if you felt you were not getting the information you sought . Not once in the ensuing months have you , or any member of the Danby Town Board , made an effort to contact me or anyone else on county staff . During all of this time , your representative , Mr . Proto , has had complete and total access to any and all data the county has on the landfill . If the Town Board has requested information of him and feels he has failed to respond , then you need to discuss that matter with him . I do not , however , believe this has been the case . I find it incomprehensible that you would write to the Governor ' s office soliciting assistance without having first made even the most minimal effort to become more informed at the local level . You have never attended any of the many public meetings at which the landfill was discussed , and you have never taken me up on my offer to assist you if you were unable to get answers to your questions from other sources . A review of the phone and mail logs at both the Solid Waste Division and the Board of Representative ' s office indicates that there have been no calls or letters from anyone on the Danby Town board in over a year . Since we have never received so much as a phone call from you , I am at a loss as to how to respond to your statement that " the Danby Town Board has asked repeatedly for answers to its questions " . I trust your clerk can furnish me with copies of the Town Board ' s correspondence delineating these questions . tnbdl2 - 10 . 90 4 Town Board Minutes December 10 , 1990 It is disingenuous of you to state that the county has been unresponsive when you yourself have made no effort to contact me o r anyone else on county staff in over a year . All of us , are faced with the very serious task of dealing with o ur community ' s solid waste . The issues are complex and diverse and there are no easy answers . I would hope that you , as a responsible elected official , will do whatever you can to help us bring about a practical solution to a problem that affects the entire community . I reiterate my offer to assist you in securing answers to any questions you might have . Yours Truly , James A . Mason , Chairman Board of Representatives xc : M . Luster , NYS Assemblyman T . Jorling , Commissioner , Department of Environmental Conservation W . Kirchbaum , Director , Region 7 , Department of Environmental Conservation F . Proto , Representative , District No . 7 Members , Danby Town Board " D iscussion followed . S upervisor Dietrich explained that he was instructed by Mr . Mason to direct all of his questions in regard to the landfill to Representative Proto . He felt that the people in West Danby had an honest and fair right to receive information which he believed they were not getting . Trying to find answers to questions related to environmental problems that are possibilities at the landfill going through the channels that were directed were met with complete frustration and were not forthcoming . Councilperson Schwartz reported that due to complaints concerning d isorganized approach and lack of communication between Board members that there is need for a clear policy for communications with other governmental bodies and county staff . D iscussion followed with the Board requesting this issue be d iscussed in executive session at a later date . Tompkins County Representative - Report Representative Proto reported on the following : 1 ) Rabies - The County Health Committee is encouraging the Health Department to inform all of townships in the Tompkins County of how to get information in regard to rabies . 2 ) Tompkins County 1991 Budget - Copies of the Tompkins County 1991 Budget were presented to the Town . 3 ) Tompkins County Tax Collectors Software - Tompkins County has purchased a Tax Collectors Software Program for the new Tax Installment Program to be distributed to all of the Tompkins County Municipalities . 4 ) Economic Advisory Board - The County Economic Advisory Board is developing an Economic Development Plan . The Town of Danby and the Town of Caroline share a seat on the Tompkins County Economic Advisory Board . Representative Proto suggested the Town contact the Town of Caroline to insure that both Towns are represented on the advisory committee . tnbdl2 - 10 . 90 i.079 5 Town Board Minutes December 10 , 1990 5 ) State Budget Cuts - New York State Budget cuts will reduce ✓ eimbursement to Tompkins County by approximately $ 154 , 000 . 6 ) Tompkins County Solid. Waste Resolutions - Drafts of the proposed Tompkins County Solid Waste Advisory Committee Resolution and a Solid Waste Management Plan Resolution were presented to the Board to review . 7 ) Election Expenses - Town election expenses will be billed back to the town . 8 ) Jobs Legislation - Tompkins County is considering jobs legislation to set aside 50 % of all County authorized jobs for union laborers who reside in Tompkins County . Representative Proto stated that he would like to hold a public information session in both Danby and Caroline to get the Town ' s reaction to this possible jobs legislation . 9 ) Governor ' s Conference - Libraries - A three ( 3 ) day Governor ' s Conference for Libraries Information was held in Albany . 10 ) Bus Service - Busses have been ordered for the County Transportation Program . 11 ) Retirement Dinner for Sheriff Howard - A retirement dinner for Sheriff Robert Howard will be held at the Ithaca VFW on Thursday , December 13 , 1990 . 12 ) County Advisory Boards and Committee Vacancies - There are ✓ acancies on the following County boards and committees that n eed to be filled : Tompkins County Job Training Council Library Board of Trustees Community Mental Health Services Board Private Industry Council ( Tompkins , Tioga and Broome County representatives ) 13 ) Hillview Road Citizen Advisory Committee - Representative Proto read a draft resolution entitled : Creation of Hillview Road Landfill Citizens Advisory Committee to Advise on Landfill Design Operation , and Closure . The resolution will be presented to the County Board on December 18 , 1990 . Representative Proto also reported that in regard to communications between the County and the Town of Danby that there have been some misconceptions on both sides . Members of the Public : Lamar Herrin - 41 Muzzy Road - asked when bus service would be available for Danby residents . Representative Proto responded that bus service would be coming soon and there will be a stop at South Danby Road . Joel Gagnon of 2353 Spencer Road , West Danby stated that he would like to reiterate Representative Proto ' s point regarding the nature of the communications between the Town and County . The West Danby Landfill Overseer Committee is very pleased with Representative Proto ' s efforts on their behalf and are looking forward to improving the situation . Herb Engman - 571 South Danby Road - ( in regard to rabies ) tnbdl2 - 10 . 90 v 0 6 Town Board Minutes December 10 , 1990 suggested the Town consider the services of ASPCA especially in the event of possible rabies in Tompkins County . Rick Dobson - Danby Road reported that he has a problem with loose dogs chasing his geese particularly during the night hours . He has reported incidents to our Dog Control Officer . Supervisor Dietrich suggested that Mr . Dobson file a complaint to have the dogs picked up . COMMUNICATIONS __ Resignation of Program Coordinator - The Town has received a resignation letter from Maria Bangerter , ACE Program Coordinator . OTHER REPORTS_ Highway Superintendent - Pete Coddington reported that there has been a raid this past weekend on road signs . Many signs and mailboxes in the Hornbrook , Marsh , Miller and Nelson Road areas were destroyed . Tompkins County EMC Report - Herb Engman distributed " Unique Natural Areas " survey of Tompkins County and explained the Town of Danby areas . Mr . Engman read the section entitled " IMPORTANT " on page No . 2 dealing with public access to private lands . The principal reason for the survey is to help make land owners aware of the valuable resources they own so that they may take particular care protecting these areas from further damage . Councilperson Eckstrom said he felt that the document should also say something to the effect that it also neither implies any particular prohibition on land use . Herb Engman responded that the County has no land use power . Community Council_ Report Councilperson Marisa reported that the Community Council has received an Arts Grant for $ 1 , 000 . 00 ( $ 4 , 000 . 00 was expected ) . The grant cycle for the grant proposal at the highway barns has been extended until December 31 , 1990 . Highway Report Recycling - The Recycling Coordinator needs a key to get inside the Town Barns during the cold weather . New Highway Barns - Supervisor Dietrich reported that he has contacted Richard A . Rust in regaard to problems with the final construction at the New Highway Barns . The general contractor will be returning to tape the seals inside the building , complete the roof seams , door adjustments , etc . Many small details in the building need to be completed . Superintendent Coddington reported that a problem with the boiler is an oversight of the architect . A boiler was installed on the second floor without a drain system . Discussion followed in regard to the problems with the final stage of construction on the New Highway Barns . Code Enforcement Officer Report -_Nov_ember 1, 990 Building Permits were issued in November 1990 for two ( 2 ) New Homes and three ( 3 ) Certificates of Occupancy were issued . Total building permit fees collected - $ 801 . 00 . Planning Board Report Chairperson Weitzel reported that the Planning Board did not receive the Grisanzio proposal for " Raptor Heights II " Planned Development District to review . tnbdl2 - 10 . 90 7 Town Board Minutes December 10 , 1990 Supervisor Dietrich reported that he does not know why the n ecessary information was not submitted for the October Planning Board Meeting . Chairperson Weitzel reported that the Planning Board would review the " Raptor Heights II " Planned Development District proposal when ! they receive the complete package . NEW_BUSINESS. _ Resolution # 77 of 1990 Authorization for Disposal of Used ( scrap ) Highway_ Eguipment By Councilperson Schwartz : Seconded by Councilperson Oltz WHEREAS , the Town Board of the Town of Danby finds the used ( scrap ) e quipment now in the possession of the Town Highway Department is of no value to the Town and may be disposed of by the Town Highway Superintendent by private sale if valuable or by disposing of for scrap , and WHEREAS , the used ( scrap ) equipment consists of cinder spreaders , . snow plows , wings and other miscellaneous used scrap equipment , and WHEREAS , the Town Board finds that competitive bidding is not appropriate or required , now therefore be it RESOLVED , That the Town Board of the Town of Danby authorize the Town Highway Superintendent to proceed at his discretion and may dispose of this used ( scrap ) equipment without holding . a sale . A roll call vote on the resolution resulted as follows : Eckstrom Aye Marisa Aye O ltz Aye Schwartz Aye D ietrich Aye Carried Unanimously Yearr-end Town Board Meeting The Year - end Town Board Meeting will be held on December 27 , 1990 at 5 : 00 P . M . Items to be placed on the Agenda should be submitted to the Town Clerk no later than Friday , December 21 , 1990 . Approval of Warrants General _Fund Warrant # 12 of 1990 A motion was made by Councilperson Eckstrom and seconded by Councilperson Oltz to approve the General Fund Warrant # 12 of 1990 in the amount of $ 9 , 954 . 84 . A roll call vote on the motion resulted as follows : E ckstrom Aye Marisa Aye O ltz Aye Schwartz Aye D ietrich Aye Carried Unanimously Highway Fund Warrant # 12 of 1990 A motion was made by Councilperson Oltz and seconded by Councilperson Marisa to approve the Highway Fund Warrant # 12 of 1990 in the amount of $ 2 , 523 . 02 . tnbdl2 - 10 . 90 ± 8 Town Board Minutes December 10 , 1990 A roll call vote on the motion resulted as follows : E ckstrom Aye Marisa Aye O ltz Aye S chwartz Aye D ietrich Aye Carried Unanimously New Highway Barns Warrant # 7_ A motion was made by Supervisor Dietrich and seconded by Councilperson Schwartz to approve the New Highway Barns Warrant # 7 in the amount of $ 7 , 134 . 94 . A roll call vote on the motion resulted as follows : . E ckstrom Aye Marisa Aye O ltz Aye Schwartz Aye D ietrich Aye Carried Unanimously West Danby Water District Fund Warrant # 12 of 1990 A motion was made by Supervisor Dietrich and seconded by Councilperson Schwartz to approve the West Danby Water District Warrant in the amount of $ 428 . 82 . A roll call vote on the motion resulted as follows : E ckstrom Aye Marisa Aye O ltz Aye Schwartz Aye D ietrich Aye Carried Unanimously Supervisor ' s _November 1990 Report_ A motion was made by Councilperson Marisa and seconded by Councilperson Oltz to approve the November 1990 Supervisor ' s Report as presented . A roll call vote on the motion resulted as follows : E ckstrom Aye Marisa Aye O ltz Aye Schwartz Aye D ietrich Aye Carried Unanimously Town_Clerk ' s_ November 1990 Report A motion was made by Councilperson Oltz and seconded by Councilperson Marisa to approve the November 1990 Town Clerk ' s Report as presented . A roll call vote on the motion resulted as follows : E ckstrom Aye Marisa Aye O ltz Aye Schwartz Aye D ietrich Aye Carried Unanimously tnbdl2 - 10 . 90 X33 9 Town Board Minutes December 10 , 1990 ADJOURNMENT ; On a motion the Town of Danby Town Board Meeting was adjourned at 10 : 25 P . M . to Executive Session . Carol W . Sczepara yi , Town Clerk tnbdl2 - 10 . 90