HomeMy WebLinkAbout1991-01-14 1 Town Board Meeting 4139
January 14 , 1991
TOWN OF DANBY
TOWN BOARD MEETING MINUTES
Regular Meeting 8 : 15 P . M . January 14 , 1991
P RESENT :
S upervisor Dietrich
Councilpersons : Eckstrom , Marisa , Oltz , Schwartz
ABSENT : Representative Proto ( Excused )
OTHERS_PRESENT :
P lanning Board Chair Nancy Weitzel
H ighway Superintendent - Pete Coddington
Town Clerk - Carol Sczepanski
Members of the Public : Edw . M . Roberts , Roy Casterline , Mary
Casterline , Paul Viscuso , Joel Gagnon , Pat Woodworth , Elizabeth 0 .
Roe
P LEDGE OF ALLEGIANCE :
Supervisor Dietrich led all present in the Pledge of Allegiance to
the American flag .
Approval of the November 12 , 1990 Town Board Meeting Minutes
A motion was made by Councilperson Eckstrom and seconded by
Councilperson Marisa that the Minutes of the November 12 , 1990 Town
B oard Meeting be approved as published .
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
Approval of the November 15 , 1990 Town Board Meeting Minutes
A motion was made by Councilperson Oltz and seconded by
Councilperson Eckstrom that the Minutes of November 15 , 1990
Special Board Meeting be approved as published .
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
Approval of the December 10 , 1990 Town Board Meeting Minutes
A motion was made by Councilperson Marisa and seconded by
Councilperson Eckstrom to approve the December 10 , 1990 Town of
Danby Town Board Meeting Minutes as published .
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
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January 14 , 1991
Correction to December 27 , 1990 Town Board Meeting Minutes
Councilperson Eckstrom requested the following correction to the
Minutes of the December 27 , 1990 .
Page 3 - Last Paragraph under Privilege of the floor - delete last
sentence and add . . " The Town of Danby Town Board has requested and
the developer ' s attorney has agreed to a waiver until the Public
Information Meeting on January 11 , 1991 .
Approval of the December 27 , 1990 Town Board Meeting Minutes
A motion was made by Councilperson Eckstrom and seconded by
Councilperson Schwartz to approve the December 27 , 1990 Town of
Danby Town Board Minutes as corrected .
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
ADDITIONS TO THE AGENDA_
Councilperson Schwartz requested the addition of an Item under New
B usiness - Appointment to Solid Waste Committee .
Supervisor Dietrich requested the addition of an Item under New
B usiness - Planning Board Appointment
Supervisor Dietrich requested the addition of an Item under New
B usiness - Issuance of Bond for purchase of Road Grader -
Resolution
N o Board Members objected .
PRIVILEGE OF THE FLOOR :
Councilperson Oltz reported that the Tompkins County Library
personnel have a difficult time delivering and picking up books for
the Danby Reading Room during the hours the Town Hall is open . It
was suggested that they call the Town Clerk to make arrangements
for access to the building .
Tompkins County Representative ' s Report
In the absence of Representative Proto - Councilperson Schwartz
g ave the following report :
1 ) Representative Proto is waiting for committee assignments ;
2 ) Tompkins County expects to hear soon the effect of New York
State budget cuts to county programs ;
3 ) Tompkins County Construction and Management Committee is
supposed to approve the appointments made by the Town of Danby
Town Board to the Hillview Road Landfill Committee and the
Tompkins County Solid Waste Committee .
Members of the Public :
Roy Casterline reported that George Armstrong will be managing the
West Danby Water System in February .
Highway Superintendent Coddington reported that the Highway
Association will be holding their monthly meeting at the New Town
of Danby Highway Barns . The Town of Danby Highway Department is
hosting a luncheon for the meeting and extended an invitation to
the Town Officials .
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3 Town Board Meeting
January 14 , 1991
Senior Citizen ' s Report
Councilperson Marisa requested that the Senior Citizen ' s submit an
article for the Danby Area News . The public has reported that they
miss the news form the Senior Citizen ' s very much .
Code_EnforcementOfficer ' s Report
Councilperson Eckstrom read the following year - end report from the
Code Enforcement Officer .
One more permit was issued in 1990 than in 1989 , collected building
permit fees of $ 418 . 50 more in 1990 than 1989 , there was an
increase of $ 280 , 938 in construction value over the past year which
was basically due to the construction of the New Highway Barns ,
renewed three more permits , issued one less Certificate of
Occupancy than last year . Although only 28 new home building
permits were issued ( 6 less than 1989 ) the average construction
value is up approximately $ 1 , 200 . 00 for 1990 . In 1990 there were
74 Building Permits renewed compared to 73 the previous year
( 1989 ) . There were 28 new building permits that includes four ( 4 )
double - wide mobile homes in Bailey Park . There was $ 3 , 000 , 000
worth of construction , 28 houses over - all , 22 garages , 9
attachments and 15 miscellaneous permits .
Dog Control Officer Report - November 1990
Supervisor Dietrich read the following Dog Control Officer ' s Report
for November 1990 :
Three ( 3 ) complaints , two ( 2 ) dogs lost , four ( 4 ) found , two ( 2 )
impounded , one ( 1 ) adopted , one ( 1 ) redeemed by owner , one ( 1 )
euthanized , one ( 1 ) available for adoption . Fees collected for
November 1990 was $ 20 . 00 - Expenses for November 1990 - $ 56 . 93 .
Dog Control Officer Report - December 1990
Supervisor Dietrich read the following Dog Control Officer ' s Report
for December 1990 :
One ( 1 ) Complaint , two ( 2 ) dogs lost , four ( 4 ) found , two ( 2 )
impounded , one ( 1 ) adoption , two ( 2 ) euthanized , one ( 1 ) redeemed
by owner , one ( 1 ) available for adoption . Income for December 1990
was $ 20 . 00 - Expenses $ 55 . 14 .
Planning _Board Report
Chairperson Weitzel reported that the Town of Danby Planning Board
approved the ; " Scotland Drive " Golf Driving Range Proposal for
Special Permit . A copy of the resolution has been sent to the
Zoning Board of Appeals for their consideration .
Community Council Report
Community Council has completed a
New York State Division for Youth grant
funds afore the lore ovation and
addition on the Town of Danby Town Barns .
Community Council held a Holiday Christmas party on December 15 ,
1990 and there was poor attendance . The Council will be discussing
whether there will be a Christmas Party next year or possibly a
winter party after the Christmas Holidays .
Community Council is currently working on next years budget .
NEW BUSINESS :
Supervisor ' s Statement to the Town Board
Roberts Rules of Order will be followed at all Town Board Meetings
except when special roll call vote is necessary . Roll call will
be alphabetical with the Supervisor voting last . All meetings will
begin at 8 : 00 p . m . and terminate no later than 10 : 00
of claims for p . m . Method
payment of all bills will be by voucher . Vouchers
must be submitted no later than Thursday preceding Town Board
Meeting . Vouchers may be submitted to the Supervisor or Town
Clerk . The Town Board in accordance with Town Law AT103 will audit
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January 14 , 1991
all bills . All personnel matters will be discussed in executive
session .
Motion to Approve Town of Danby Organizational Resolutions No . 1
of 1991 through No . 12 of 1991
A Motion was made by Supervisor Dietrich and seconded by
Councilperson Eckstrom that the Town of Danby Town Board approve
the Town of Danby Organizational Resolutions No . 1 of 1991 through
No . 12 of 1991 and the secretary be instructed to call a single
roll call vote .
RESOLUTION # 1 OF 1991
Approval to Invest Idle Funds
RESOLVED , That the Town Board of the Town of Danby authorize the
Supervisor to invest idle funds .
RESOLUTION_# 2 _ OF 1991
Approval to Set Salaries
RESOLVED , That the Town Board of the Town of Danby set the 1991
Annual Salaries as follows :
Supervisor $ 9 , 152 / year
Town Justices : $ 7 , 350 ( $ 3 , 675 each )
Town Clerk $ 11 , 000 / year
Custodian $ 2 , 808 / year
D eputy Town Clerk $ 2 , 000 / year
All of the above are to be paid monthly .
Four Councilpersons : $ 6 , 156 ( $ 1 , 539 / each )
Water District Clerk : $ 1 , 700
All of the above are to be paid quarterly .
Town Historian - $ 100 per year honorarium - Paid in July
B ookkeeper & Assistant : $ 10 , 000 / year
Code Enforcement Officer : $ 15 , 000 / year
H ighway Superintendent : $ 27 , 500
/ year
Water District Plant Operator : $ 5 , 750 / year
Code Enforcement Personnel and Secretary ( Contractual as
needed . )
All of the above are to be paid bi - weekly .
Water District Plant Operator Assistant $ 550 / year .
P aid Quarterly
B E IT FURTHER RESOLVED , That the Town Board of the Town of Danby
authorize the Supervisor to pay the above salaries prior to the
first meeting of each month with December payrolls adjusted to meet
all budget requirements .
RESOLUTION # 3 OF 1991
Payment of Bills
RESOLVED , That the Town Board of the Town of Danby approve a
blanket resolution to authorize the Town Supervisor to pay utility
bills , freight , postage , contracts and to conduct other normal
proceedings as payroll in advance of audit in order to keep affairs
moving on a timely basis .
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January 14 , 1991
RESOLUTION # 4 OF 1991
1990 Financial Rep_ort
RESOLVED , That the Town Supervisor. , in lieu of preparing a
financial report under Town Law # 29 - ( 10 ) shall submit to the Town
Clerk by March 1 , 1991 a copy of the report submitted to the State
Controller required by Section 30 of Municipal Law .
RESOLUTION # 5 OF 1991
Authorization For Purchase of Tools , Equipment , Etc .
RESOLVED , That the Town of Danby Highway Superintendent be
authorized to purchase tools , equipment , small implements , tires
and tubes , etc . in the amount of $ 5 , 000 at any given time without
prior approval of the Town Board .
RESOLUTION # 6 OF 1991
Town of Danbjr Official Newspaper and Bank Depository
RESOLVED , That the Town of Danby Town Board name the Ithaca
J ournal , because there are no other options available , as the
O fficial Newspaper and the Tompkins County Trust Company as bank
for the depository of Town Funds.
RESOLUTION # 7 OF 1991
Town of Danby Attorney_
RESOLVED , That Nelson Roth be named as Attorney to represent the
Town of Danby in all Zoning , Planning Board , and general Town of
D anby business . The Town Board reserves the right of seeking other
legal aid if it deems necessary .
RESOLUTION # 8 OF 1991
Dog Control Officer Appointment
RESOLVED , That the Town of Danby Town Board name Lorraine Bard as
the Dog Control Officer for the Town of Danby for the year 1991 .
RESOLUTION # 9 OF 1991
Town Mileage
RESOLVED , That the Town of Danby Town Board authorize the mileage
for Town business to be paid at twenty - five cents ( $ . 25 ) per mile .
RESOLUTION # 10 OF 1991
Voting Machine Custodians and Inspectors
RESOLVED , That the Town of Danby Voting Machine Custodians Fred
Thayer and Leroy Decker will be paid as follows : Mr . Thayer $ 75 . 00
per service and Mr . Decker $ 60 . 00 per service . Election Inspectors
w ill be paid at the rate of $ 5 . 00 per hour for service .
RESOLUTION # 11 OF 1991
H ighway Improvements Reimbursement
RESOLVED , That the Town of Danby town board be authorized to sign
an agreement that monies collected for repairs and improvements of
Town Highways in the amount of $ 65 , 465 ( State Aid DA3501 ) be
e xpended upon 72 . 20 miles of Town of Danby highways .
RESOLUTION # 12 OF 1991
Water Commissioner Appointment
RESOLVED , That the Town of Danby Town Board appoint George
Armstrong as Water Commissioner for the West Danby Water District
for a five - year term to begin January 1 , 1991 and to expire
D ecember 31 , 1995 .
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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January 14 , 1991
RESOLUTION # 13 OF 1991
Approval _of_Contract between C . S . E . A . ( Danby Highway Unit ) and Town
o f Danby_A.greement for 1991
B y Councilperson Eckstrom : Seconded by Councilperson Oltz
WHEREAS , A meeting of the Danby Town Board was held at the Danby
Town Hall , 1830 Danby Road , Town of Danby , County of Tompkins and
S tate of New York , and
WHEREAS , The representatives of the Town of Danby , Town Board and
the Danby C . S . E . A . Highway Unit have met and agreed on a contract
for 1991 , now therefore be it
RESOLVED , That the hourly highway employees of the Town of Danby
be granted a 10 % wage increase for 1991 as set forth in an addition
to the contract executed the 15th day of December 1983 and attached
hereto and made a part herewith , and be it further
RESOLVED , That double - time wages be paid to the Town of Danby
H ighway hourly employees when requested to work on the following
h olidays : Thanksgiving , Christmas , New Years and Easter , and be
it further
RESOLVED , That Town of Danby Highway Department employees may carry
accrued vacation time into the new year or receive vacation pay ,
and be it further
RESOLVED , That the Town of Danby Highway Employees clothing
allowance of $ 200 per man for the first year of employment and $ 100
e ach year thereafter be continued as set forth in the 1989 - 1990
C . S . E . A . Town of Danby Contract .
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
RESOLUTION # 14 OF 1991
Appointment to Town of Danby Zoning Board of Appeals
B y Councilperson Schwartz : Seconded by Councilperson Marisa
WHEREAS , The Town of Danby Zoning Board of Appeals has accepted
the resignation of Christopher Knauer , and
WHEREAS , Mr . Ted Merritt of 297 Jersey Hill Road , Spencer , NY has
e xpressed an interest in serving on the Town of Danby Zoning Board
o f Appeals , and
WHEREAS , The Zoning Board of Appeals recommends to the Town of
D anby Town Board the appointment of Ted Merritt to fill a vacancy
o n the Town of Danby Zoning Board of Appeals , now therefore be it
RESOLVED , That the Town Board of the Town of Danby appoint Mr . Ted
Merritt of 297 Jersey Hill Road , Spencer , NY to the Town of Danby
Zoning Board of Appeals to fill the remainder of the term of
Christopher Knauer , and be it further
RESOLVED , That the term of appointment of Ted Merritt to the Town
o f Danby Zoning Board of Appeals is to begin immediately and will
e xpire on June 30 , 1993 .
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January 14 , 1991
A roll call vote on the resolution resulted as follows :
E ckstrom Aye
Marisa Aye
O ltz Aye
Schwartz Aye
D ietrich Aye
Carried Unanimously
RESOLUTION # 15 , 199D1
Appointment to Town of Danby Planning Board
B y Supervisor Dietrich : Seconded by Councilperson Oltz
WHEREAS , The Town of Danby Planning Board has a vacancy at the
present time , and
WHEREAS , Mr . Ken Horst has expressed an interest to the Town of
D anby Planning Board to serve on the Planning Board , and
WHEREAS , The Town of Danby Planning Board recommends to the Town
of Danby Town Board the appointment of Mr . Ken Horst of 318 Meadow
Wood Terrace , Ithaca , NY to the Town of Danby Planning Board , now
therefore be it
RESOLVED , That the Town of Danby Town Board appoint Mr . Ken Horst
of 318 Meadow Wood Terrace , Ithaca , New York to the Town of Danby
Planning Board to fill a vacancy , and be it further
RESOLVED , That the appointment of Mr . Ken Horst of 318 Meadow Wood
Terrace , Ithaca , New York is to begin immediately and expires on
J une 30 , 1997 .
A roll call vote on the resolution resulted as follows :
E ckstrom Aye
Marisa Aye
O ltz Aye
Schwartz Aye
D ietrich Aye
Carried Unanimously
RESOLUTION # 16 OF 1991
Appointment to Tompkins County Solid Waste Management Advisory
Committee
B y Councilperson Schwartz : Seconded by Councilperson Marisa
WHEREAS , Tompkins County is soliciting recommendations from the
Town of Danby for a representative on the Tompkins County Solid
Waste Management Advisory Committee , and
WHEREAS , Joel Gagnon of 2353 Spencer Road , West Danby , New York
h as submitted a Tompkins County Resume to the Town of Danby for
consideration of appointment to the Tompkins County Solid Waste
Management Advisory Committee , now therefore be it
RESOLVED , That the Town of Danby Town Board appoint Joel Gagnon of
2353 Spencer Road , West Danby , New York as their recommended
representative to the Tompkins County Solid Waste Management
Advisory Committee .
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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January 14 , 1991
Purchase__of Town Highway Road Grader
Supervisor Dietrich reported that the Town of Danby Highway
Department is in the process of purchasing a a road grader .
D iscussion followed on types of financing available for the
purchase of the road grader including the possibility of permissive
✓ eferendum . Also discussed was the need to update our highway
e quipment .
RESOLUTION # 17 OF 1991
Bond Resolution for Purchase of Road Grader
B y Councilperson Eckstrbm : Seconded by Councilperson Marisa
A RESOLUTION AUTFORIZING THE ISSUANCE OF $ 95 , 000 IN
SERIAL BONDS OF TEE TOWN OF DANBY , TOMPKINS COUNTY , NEW
YORK TO FINANCE THE COST OF THE ACQUISITION OF A GRADER
FOR USE BY THE TOWN OF DANBY .
B E IT RESOLVED by the Town Board ( the " Town Board " ) of the Town of
D anby , Tompkins County , New York ( the " Issuer " ) as follows :
S ection__ 1 ; Based upon the review of this action by the Issuer ,
the Town Board hereby determines that it is a Type
II action under the State Environmental Quality
Review Act ( Article 8 of the Environmental
Conservation Law ) and therefore no further
environmental review is required .
Section 2 . For the object or purpose of paying the cost of the
acquisition of a six - wheel - drive grader with plow ,
there are hereby authorized to be issued $ 95 , 000 in
serial bonds ( the " Bonds " ) of the Issuer pursuant
to the provisions of the Local Finance Law .
Section 3 . It is hereby determined that the maximum estimated
cost of the aforesaid object or purpose is $ 95 , 000 ,
and the plan for the financing thereof in by the
issuance of the Bonds pursuant to this resolution .
Section 4 . It is hereby determined and declared ( a ) that the
period of probable usefulness of the object or
purpose for which the Bonds hereby authorized are
to be issued is fifteen ( 15 ) years and ( b ) that
subdivision 28 of paragraph a of Section 11 : 00 of
the Local Finance Law of the State of New York is
applicable thereto .
Section 5 . The maximum ' maturity of the Bonds will not be in
excess of 5 years .
Section 6. An arinua ,. appropriation shall be made in each year
sufficient to pay the principal of and interest on
the Bonds as the same shall become due and payable
e ach year . In addition , the faith and credit of the
Issuer shall be and are hereby pledged for the
punctual payment of the principal of the interest
o n the Bonds as the same shall become due and
payable .
Section 7 . Subject to the provisions of the Local Finance Law ,
the power to authorize the issuance of and to sell
bond anticipation notes in anticipation of the
issuance and sale of the Bonds herein authorized ,
including renewals of such notes , is hereby
d elegated to the Supervisor as chief fiscal officer .
The Bonds and any bond anticipation notes shall be
o f such terms , form and content , and shall be sold
in such manner as may be prescribed by the
S upervisor , consistent with the provisions of the
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January 14 , 1991
Local Finance Law .
Section ___8 . The validity of the Bonds and any bond anticipation
n otes may be contested only if :
a . such obligations are authorized for an
o bject of purpose for which the issuer is
n ot authorized to expend money , or
b . the provisions of law which should be
complied with at the date of the
publication of this resolution or summary
thereof , are not substantially complied
w ith , and
an action , suit or proceeding contesting such
✓ alidity , is commenced within twenty days after the
date of such publications ; or
c . such obligations are authorized in
✓ iolation of the provisions of the
constitution of the State of New York .
Section 9 _ This resolution shall be published in full in the
Ithaca Journal , the official newspaper of the
Issuer , together with a notice of the Clerk of the
Issuer in substantially the form provided in Section
81 : 00 of the Local Finance Law .
Section 10 . This resolution shall take effect immediately .
A roll call vote on the resolution resulted as follows :
E ckstrom Aye
Marisa Aye
Oltz Aye
Schwartz Aye
D ietrich Aye
Carried Unanimously
APPROVAL OF WARRANTS
Approval. of New Highway_ Barns Warrant # 9 ( Final)
A motion was made by Councilperson Eckstrom and seconded by
Councilperson Oltz to approve the New Highway Barns Warrant # 9
( Final ) in the amount of $ 5 , 089 . 15 .
Discussion followed in regard to incomplete work on the boiler
drain and charges for use of generators .
Councilperson Eckstrom explained that the Town Board should
separate the litigation from the completion of the work . The work
on the New Highway Barns needs to be done and the disposition of
costs can be adjusted at a later time .
Discussion followed and all bills submitted will be paid and sent
to Richard A . Rust , Architect .
A roll call vote on the motion resulted as follows :
Four ( 4 ) Ayes Eckstrom , Marisa , Oltz , Dietrich
One ( 1 ) Nay Schwartz
Carried
Approval of Highway Fund Warrant # 1 of 1991
A motion was made by Councilperson and seconded by Councilperson
Oltz to approve the Highway Fund Warrant # 1 of 1991 in the amount
of $ 4 , 955 . 81 .
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January 14 , 1991
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
Approval of ._ Genera_l Fund Warrant # 1 _ of 1991
A motion was made by Councilperson Eckstrom and seconded by
Councilperson Schwartz to approve the General Fund Warrant 31 of
1991 in the amount of $ 18 , 461 . 40 .
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
Approval of_Town Clerk ' s December 1990 Monthly Report
A motion was made by Councilperson Eckstrom and seconded by
Councilperson Schwartz to approve the Town Clerk ' s December 1990
report as presented .
A roll call vote on the motion resulted as follows :
Eckstrom Aye
Marisa Aye
O ltz Aye
Schwartz Aye
D ietrich Aye
Carried Unanimously
Approval of _Supervisor ' s December 1990 Monthly Report
A motion was made by Councilperson Eckstrom and seconded by
Councilperson Oltz to approve the Supervisor ' s December 1990
Monthly 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
ADJOURNMENT__
On a motion the Town of Danby Town Board Meeting adjourned at 9 : 40
P . M .
adCarol W . Sczeki , Town Clerk