HomeMy WebLinkAbout1991-06-10 4' 97 1 Town Board Minutes
June 10 , 1991
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TOWN OF DANBY
TOWN BOARD MINUTES
Regular Meeting 7 : 30 P . M . June 10 , 1991
PRESENT :
S upervisor Dietrich
Councilpersons : Eckstrom , Marisa , Oltz
ABSENT :
Councilperson Schwartz ( Excused )
OTHERS PRESENT :
County Representative - Proto
H ighway Superintendent - Coddington
Town Clerk - Sczepanski
P lanning Board Chair - Weitzel
Bookkeeper - Miller
Members of the Public Present :
E dw . M . Roberts , Marge Hovanec , Rick Dobson , Phil Kelly , Sr . ,
Juddson Leonard , Joel Gagnon , Roy Casterline , Herb Engman , Paul
Viscuso , Pat Woodworth , Ray Axtell , Elizabeth Owens - Roe .
P LEDGE OF ALLEGIANCE :
S upervisor Dietrich led all present in the Pledge of Allegiance to
the American Flag .
APPROVAL OF THE MINUTES
Approval of the May 13 , 1991 Town Board Meeting Minutes :
A motion was made by Councilperson Eckstrom and seconded by
Councilperson Marisa to approve the May 13 , 1991 Town Board Meeting
Minutes as published .
A roll call vote on the motion resulted as follows :
E ckstrom Aye
Marisa Aye
O ltz Aye
D ietrich Aye
Carried Unanimously
Correction to June 6 , 1991 Agenda Meeting Minutes
Councilperson Eckstrom requested a correction on page 2 of the June
6 , 1991 Agenda Meeting Minutes - - delete the word " deep " and insert
" keep " .
Approval of June 6 , 1991 Agenda Meeting Minutes
A motion was made by Councilperson Eckstrom and seconded by
Councilperson Marisa to approve the Agenda Meeting Minutes of
June 6 , 1991 as corrected .
A roll call vote on the motion resulted as follows :
E ckstrom Aye
Marisa Aye
Oltz Aye
D ietrich Aye
Carried Unanimously
ADDITIONS TO AGENDA :
1 ) Councilperson Marisa requested the addition of an item under
New Business - -Application for an amendment to the Hovanec
PDD - Resolution
2 ) Supervisor Dietrich requested the addition of an item under
New Business - Spraying of mosquitoes - Discussion
3 ) Councilperson Marisa requested the addition of an item under
New Business - - Fieldstone Circle Deed Restrictions - for
referral to Planning Board - Resolution
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June 10 , 1991
( Move to Communications . )
Councilperson Marisa requested that information in regard to an
addition in the PDD be sent to the Planning Board for their files .
No Board member objected .
PRIVILEGE OF THE FLOOR :
Councilperson Eckstrom reported that he will be unable to attend
Wednesday June 13th meeting with Community Council and
Councilperson Schwartz will be out of town . The meeting will be
rescheduled .
Councilperson Marisa reported that he and Councilperson Eckstrom
sent a letter to our town attorney requesting additional
information on monthly billing reports . The information received
in the May report is very good and seems to be adequate . Supervisor
Dietrich will send the attorney a letter in response to the billing
information .
Councilperson Marisa addressed Representative Proto and reported
that he enjoys using the bus service , uses it daily and would
encourage everyone to use it for service . He reported that many
people use this service and like it .
Tompkins County Report
Tompkins County Representative Proto reported on the following :
1 ) Health Awards to Tompkins County School Districts were
presented today .
2 ) Alternate configuration for the landfill site was withdrawn
from the County Agenda .
3 ) Mortgage Tax Check for the Town of Danby is coming in June .
4 ) Tompkins County Airport Terminal project contract with
financial services consultant approved .
5 ) Fair Practice Law Resolution is under discussion and a number
of people from Danby attended the public discussion :
6 ) A grant to the Town of Newfield was approved for $ 15 , 000 . 00
for water and sewer .
7 ) Upstate Unspecified money will be used to upgrade buses in
Tompkins County .
8 ) The County will sell the old heating plant on west hill and
the proceeds will go for affordable housing .
9 ) Tompkins County has increased funds by $ 5 , 000 . 00 for the food
pantries .
10 ) The DEC and Parks and Recreation have planned a spraying
program at Michigan Hollow Swamp slated to begin later this
week .
Supervisor Dietrich reported that he cannot believe that someone
can do a SEQR process within the boundaries of the Town and not
even ask permission . He also has sent a letter in regard to this
proposed project as he feels it is a violation of the SEQR Law .
Litter Clean - up Fees :
Supervisor Dietrich reported that it was necessary for the Town of
Danby to appropriate funds for tipping fees for trash picked up
along the roads . The fines paid to the court for littering is paid
to the County . The Town of Danby would like some of this money
returned to help off set the cost of the tipping fees . He said he
thinks it is unfair for the Town to pay the cost of picking up
other peoples trash .
Discussion followed and a meeting with Deputy Day will be
scheduled .
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June 10 , 1991
Members of the Public :
E dward M . Roberts - Bald Hill Road - Read the report of the new
" Zoning " proposal in the Danby Area News and said he thinks they
are so far off especially where it says you can build on 1 / 2 acre
and he doesn ' t like the proposed map . He said he thinks it is
✓ idiculous that such a report was in the Danby Area News .
J oel Gagnon - West Danby Road , West Danby - reported on the
H illview Landfill Committee and the situation . It is his
understanding that because of the closing date the closure plan
✓ ill be submitted to the DEC without a lot of review but will be
✓ eviewed after - the - fact .
D iscussion followed in regard to the procedure .
Supervisor Dietrich will call Beverly Livesay and write a letter
✓ equesting confirmation of the time table for the Hillview
L andfill .
. Representative Proto reported that there are two at - large seats on
the HIllview Landfill Committee .
Representative Proto thanked Councilperson Marisa for his favorable
✓ eport in regard to Bus Service for Danby .
Paul Viscuso - Heisey Road - reported that there is a tree on
Heisey Road that appears to be dangerous and would like to know
who to contact to have it removed .
Superintendent Coddington will look at the tree on Heisey Road .
Marge Hovanec - Olde Towne Road - asked the Board if they had
t . received any information from Doug Staley in regard to a Planned
D evelopment District Proposal .
E lizabeth Owens - Roe - 1820 Danby Road - Agrees with comments made
by Ed . M . Roberts in regard to the new Zoning Map and article
published in the June 1991 issue of the Danby Area News .
Rick Dobson - Danby Road - reported that a dangerous traffic
situation exists at the house next to the Common Ground on Danby
Road with many cars parked along the highway on a regular basis .
Mr . Dobson also asked how " Super Group " was doing .
Supervisor Dietrich responded that Mr . Dobson should attend a
" Super Group " Meeting to get caught up on the requested
information . He reported that the Planning Board now holds regular
P lanning Board Working Sessions ( formalized ) and are nearly ready
to send a new proposal and map to the Planning Board . ,
L and Request for West Danby Fire Station :
Juddson Leonard and Phillip Kelly , Jr . of the West Danby Fire
I . Department presented a request from the West Danby Fire Department
and the Board of Fire Commissioners to the Town of Danby asking
t hem to sell or transfer a section of land for a new fire
d epartment building site . The land requested is a portion of the
West Danby Water District land , is classified as Tax Map Parcel No
. 18 - . 1 - 17 . 1 and consists of 27 . 55 acres . Mr . Leonard reported that
the Fire District is requesting approximately two ( 2 ) acres of land
to build a new fire station . Sylvan Lane would need to be widened
to accommodate the fire equipment .
D iscussion followed .
Supervisor Dietrich explained that the following steps need to be
t aken :
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June 10 , 1991
1 ) Permission from G . E . Cap [ ital - bond holding company .
2 ) Permission from the Fire Commissioners and the Water
District Commissioners .
3 ) Detail of where the land sets and where the right - of - way
is located , etc .
COMMUNICATIONS :
1 ) Councilperson Eckstrom reported on a " Keep the Pond Afloat "
Committee Band Festival fund raiser to be held on Saturday
June 16 , 1991 at the Danby Fire Station on 96B from 2 - 5 P . M .
2 ) Supervisor Dietrich reported that McGuire Gardens will donate
a Maple or Locust tree ( our choice ) to the Town of Danby as
an acknowledgement to the Danby area servicemen and women who
served in the Gulf during Operation Desert Shield / Desert
Storm .
3 ) Request from the Town of Danby Town Court to purchase a much
needed printer for their office with a letter from the Office
of the State Comptroller stating they could not process their
report because the pages were not legible .
4 ) A letter from Michael Hovanec in regard to the new zoning
proposal and his Mellon Properties land .
OTHER REPORTS :
Herb Engman reported on the " Mosquito Control Project " in Michigan
Hollow . He received a call from a concerned neighbor in the
Michigan Hollow area . The Michigan Hollow Swamp was chosen for a
Control Study . It is proposed that the area will be sprayed with
three ( 3 ) types of chemicals one of which is fairly toxic and
should not be applied to wet areas . Of great concern is the use
of Abate .
Supervisor Dietrich reported that he has not received a copy of
the SEQR for this project and the Town was not informed that a
project was planned for this area . He has sent a letter requesting
information from the DEC to pass on to the Town .
Discussion followed .
Herb Engman reported that correspondence should be directed to
Regionald Louey , New York State Department of Conservation , P . O .
Box 5170 , Cortland , New York 13045 .
Highway Report :
Highway Superintendent Coddington reported on the following :
1 ) Asked for permission to place the old road grader out to bid .
2 ) New fire alarm system is in operation .
3 ) Asked if he should hire a person to build the salt shed if
funds are available .
4 ) Ken Bruielly Heating and Plumbing needs to change two ( 2 ) .
switches at the new highway barns .
5 ) A drainage has been put in on Station Road . Pete reported
that the road has problems . If we receive our CHIPS funds
the road should have oil and stone .
6 ) Deputy Day has requested a meeting in regard to trash pick - up
fees for the Town .
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June 10 , 1991
Code Enforcement Officer ' s May 1991 Report :
Permits were issued in May 1991 for the following : One ( 1 ) new
home , one ( 1 ) carport , one ( 1 ) barn , one ( 1 ) dance studio , one ( 1 )
✓ emodel , one ( 1 ) addition and four ( 4 ) Certificates of Occupancy
w ere issued and $ 752 . 00 in fees were collected . In addition to the
permits issued fourteen ( 14 ) orders to remedy violations .
Dog Control Report :
. No report was submitted .
County Youth Report :
Supervisor Dietrich reported that Deborah Fitzpatrick is now the
County Youth Representative for Danby . Danby is under the City
Youth Bureau Programming this summer and Supervisor Dietrich will
be meeting with the two ( 2 ) ACE Coordinators . The program will be
reorganized by Debbie Delgato .
OLD BUSINESS :
Motion to Raise Acceptance of West Danbv Methodist Cemetery
Resolution # 29 From the Table
A motion was made by Councilperson Oltz and seconded by Supervisor
Dietrich to raise the West Danby Methodist Cemetery Resolution # 29
from the Table .
A roll call vote on the motion resulted as follows :
E ckstrom Aye
Marisa Aye
O ltz Aye
D ietrich Aye
Carried Unanimously
RESOLUTION # 29 OF 1991
ACCEPTANCE OF WEST DANBY METHODIST CEMETERY
By Councilperson Oltz : Seconded by Supervisor Dietrich
WHEREAS , there has been established in this Town a cemetery known
as the WEST DANBY METHODIST CEMETERY ASSOCIATION , INC . , which
association maintains a public cemetery on Maple Avenue Road in
West Danby , New York , Tompkins County , New York , and owns real
property in said Town , and
WHEREAS , said association has under its care certain funds for
perpetual care , permanent maintenance , special trust , general
deposited in a local bank , and
WHEREAS , the association has been and still is unable to procure
sufficient income from above investments , the members of the
association and from the representatives of the deceased persons
interred in the cemetery , and
WHEREAS , the cemetery association has requested that the Town of
Danby , pursuant to Section 1506 ( j ) of the Not - for - Profit
Corporation Law , accept the conveyance of the cemetery premises
and transfer of assets , now therefore be it
RESOLVED , that the Town of Danby accept the conveyance of the
cemetery premises and the transfer of the assets from the cemetery
association , such conveyance shall be subject to all agreements as
to lots sold and all trust , restrictions and conditions upon the
title or use of the real property or assets .
A roll call vote on the resolution resulted as follows :
E ckstrom Aye
Marisa Aye
O ltz Aye
D ietrich Aye
Carried Unanimously
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June 10 , 1991
ADP Payroll Report :
Councilperson Eckstrom reported that the Town is still having
communication problems with ADP . ADP has not responded to our
requests for a meeting .
Discussion followed :
Supervisor talked with ADP Representative Mark Mueller today
( 6 / 10 / 91 ) and he will try to schedule a meeting with the Town as
soon as possible .
Councilpersons Eckstrom , Marisa and Oltz requested that ADP meet
with the bookkeeper as soon as possible and with the Board on July
3 , 1991 .
RESOLUTION # 33 OF 1991
Meeting with Automatic Data Processing - Payroll Corporation
By Councilperson Eckstrom : Seconded by Councilperson Oltz
WHEREAS , _the Town of Danby bookkeeper has reported to the Town
Board she has a problem with our new payroll services reporting
system , and other related issues , and
WHEREAS , the Town Board requested a meeting with ADP to address
these concerns and a process of how to solve these problems as soon
as possible , and
WHEREAS , no representative from ADP was able to attend , now be it
RESOLVED , That the Town Board of the Town of Danby requests the
following : .
1 ) That ADP meet with the Town of Danby Bookkeeper as soon
as possible to discuss reporting methods , municipal reporting
requirements , tax deposits , overdrafts , etc . , and
2 ) That ADP presence is required to attend the Town of Danby
Agenda meeting on July 3 , 1991 at 7 : 30 P . M . , and be it further
RESOLVED , that failure to attend the July 3 , 1991 meeting will be
construed as lack of interest in doing business for the Town .
A roll call vote on the resolution resulted as follows :
E ckstrom Aye
Marisa Aye
O ltz Aye
D ietrich Aye
RESOLUTION # 34 OF 1991 Carried Unanimously
Approval to Advertize for Bids for the Painting of the Town Hall
By Councilperson Marisa : Seconded by Councilperson Eckstrom
WHEREAS , The Town of Danby Town Hall custodian has submitted to
the Town Board bid specs for the painting of the Town , and
WHEREAS , The Town of Danby Town Board has reviewed and approved
the bid specs , now therefore be it
RESOLVED , That the Town of . Danby advertize for bids for the
painting of the Town of Danby Town Hall , and , be it further
RESOLVED , That the bid opening for the painting of the Town Hall
is scheduled for June 25 , 1991 at 5 : 00 P . M .
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June: 10 , 1991 44
• A . roll call .; :vote on the resolution resulted as follows : .
Esrm . . Aye
Marisa Aye
O1tz.' , ` ; ,. : Aye
• • Dietrich. Aye . . ' • :
. Carried UnaniMously •
• Hovanec Planned Development District Proposal
Councilperson Eckstrom • reported that the Town has received a
• . request fora modification to • the Hovanec Planned Development
DistrictThe proposal , is to place a structure on a '.20 acre parcel
• off of Meadow Wood Terrace . The ' application is., `for a variance
within a • PDD : :
Discussion' ;f.ollowed .
. RESOLUTION4/ 35 OF '1991
. - . Referral of .: the Hovanec * PDD - Application to • . Planning Board
By Supervisor . Dietrich : Seconded by Councilperson Marisa
• WHEREAS , The Town of Danby has received a Planned Development
District Application from Marge Hovanec , and i .
•
WHEREAS , This PDD .Application • •
s for a variance within a PDD , now
therefore be '. it • .
~ ' RESOLVED , That the • + Town . ' Board of . the Town of Danby proposes to
• become Lead , Agency on ' SEQR . review . on the PDD Appl'i'cation , and be •
it further . , .
• • RESOLVED , That . the application packet for the PDD application be
sent to the *', Town , of Danby Planning Board for their . . review of the
EAF with recommendations • of the EAF to be submitted to the Town
• Board by the Agenda Meeting on July 431 1991 . :
A roll call ' .vote on the resolution resulted as follows :
Eckstrom. . . , Aye
Marisa :.: •: ': * . Aye "
• Oltz . Aye
Dietrich . Aye • ,
Carried Unanimously
RESOLUTION # 36 OF ' 1991 .
SPRAYING OF : MOSQUITOS IN MICHIGAN HOLLOW SWAMP AREA '
By Councilperson Eckstrom : ' Seconded . by Supervisor '. - Dietrich
WHEREAS, the' ' Town of - Danby has received information that the
- -- Department of Health . and the DEC - are ' in the process of a relocating
, mosquito infestation research • study previously conducted in Cicero
Swamp in the Town : of Cicero , and . .
WHEREAS , the . Town of Danby Town ;,Board acknowledges . : the fact the
State of New York has jurisdiction over us over thit issue , and__.... .. . . . . . -
WHEREAS , the - Tompkins County EMC has designated the study area as
• a unique natural area • and has done an extensive study' of the same ,
- and
.• . . WHEREAS , the' ' Town of Danby is conducting a rewrite : - .of its local
. zoning laws and intends to designate this area to 'be.
preserved in
its forever ' wild state , and
:WHEREAS , the , Town Board in the best interest of the health and
welfare of its residents feels that this issue requires local
" review , now therefore be it : 4 a '
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June 10 , 1991
RESOLVED , That the Town Board of the Town of Danby requests a
detailed review of the proposed studies before spraying commences
and explicitly requests to be included as an involved agency in
the DEC SEQR process , and be it further
RESOLVED , that the Town of Danby wants to be included as an
involved agency in this and all SEQR processes involving DEC lands
within the Town of Danby borders .
A roll call vote on the resolution resulted as follows :
E ckstrom Aye
Marisa Aye
O ltz Aye
D ietrich Aye
Carried Unanimously
A copy of Resolution # 36 is to be sent to Cornell University ,
Tompkins County Board of Representatives and to Representative
P roto .
RESOLUTION # 37 OF 1991
Fieldstone Circle Deed Restrictions
B y Councilperson Eckstrom : Seconded by Rich Marisa
WHEREAS , The Town of Danby has received a copy of the Fieldstone
Circle ( the former Grisanzio " Raptor Heights " ) Planned Development
D istrict Deed Restrictions , now be it
RESOLVED , That the Town Board of the Town of Danby refer the
Fieldstone Circle PDD Deed Restrictions to the Planning Board for
their review , and be it further
RESOLVED , That the minutes note that the PDD Application is not
complete at this time , and be it further
RESOLVED , That the Town Board requests the Town Clerk to send a
letter to Attorney Mahlen Perkins acknowledging receipt of Deed
Restrictions dated May 20 , 1991 which satisfies one more of the
documentation requirements requested .
D iscussion followed .
A roll call vote on the resolution resulted as follows :
E ckstrom Aye
Marisa Aye
O ltz Aye
D ietrich . Aye
Carried Unanimously
Approval of Warrants :
Approval of General Fund Warrant # 6 of 1991
A motion was made by Councilperson Eckstrom and seconded by
Councilperson Marisa to approve the General Fund Warrant # 6 in the
amount of $ 6 , 098 . 59 .
A roll call vote on the motion resulted as follows :
E ckstrom Aye .
Marisa Aye
O ltz Aye
D ietrich Aye
Carried Unanimously
Approval of Highway Fund Warrant # 6 of 1991
A motion was made by Councilperson Eckstrom and seconded by
Councilperson Oltz to approve the Highway Fund Warrant # 6 of 1991 '
in the amount of $ 13 , 718 . 92 .
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June 10 , 1991
A roll call vote on the motion resulted as follows :
E ckstrom Aye
Marisa Aye
O ltz Aye
D ietrich Aye
Carried Unanimously
Approval of West Danby Water District Warrant # 5 of 1991
A motion was made by Councilperson Marisa and Seconded by
Councilperson Oltz to approve the West Danby Water District Warrant
# 5 of 1991 in the amount of $ 504 . 01 .
A roll call vote on the motion resulted as follows :
Eckstrom Aye
Marisa Aye
Oltz Aye
Dietrich Aye
Carried Unanimously
Assroval of the New Hishwa Barns Warrant # 3 in the amount of
$ 3 , 261 . 75 .
A motion was made by Councilperson Oltz and seconded by
Councilperson Marisa to approve the New Highway Barns Warrant # 3
in the amount of $ 3 , 261 . 75 .
A roll call vote on the motion resulted as follows :
Eckstrom Aye
Marisa Aye
Oltz Aye
Dietrich Aye
Carried Unanimously
Assroval of . the Ma 1991 Suservisor ' s Resort
A motion was made by Councilperson Oltz and seconded by
Councilperson Eckstrom to approve the May 1991 Supervisor ' s Report
as submitted .
A roll call vote on the motion resulted as follows :
Eckstrom Aye
Marisa Aye
Oltz Aye
Dietrich Aye
Carried Unanimously
Assroval of the Ma 1991 Town Clerk ' s Resort
A motion was made by Councilperson Marisa and seconded by
Councilperson Oltz to approve the Town Clerk ' s May 1991 report as
- submitted .
A roll call vote on the motion resulted as follows :
Eckstrom Aye
Marisa Aye
Oltz Aye
Dietrich Aye
ADJOURNMENT : Carried Unanimously
On a motion the Town Board Meeting adjourned at 10 : 45 P . M .
Carol W . Sczepanski , Town Clerk