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 .
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/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 .
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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 .
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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 .
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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 )
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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 .
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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 .
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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
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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
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