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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 4s9 2 Town Board Meeting 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 . n 41/1 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 41-/A 4 Town Board Meeting 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 . 5 Town Board Meeting 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 6 Town Board Meeting 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 . 614(3—# 7 Town Board Meeting 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 4744‘ 8 Town Board Meeting 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 1747 9 Town Board Meeting 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 . 1/4/f 10 Town Board Meeting 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