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HomeMy WebLinkAbout1991-06-10 4' 97 1 Town Board Minutes June 10 , 1991 1 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 1/91 2 Town Board Minutes 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 . "7199 3 Town Board Minutes 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 : ,P 4 Town Board Minutes 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 . c5 / • 5 Town Board Minutes 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 SM 6 Town Board Minutes 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 . . : • - , . . - • r-• •• 7 . Town `. Board • Minutes . :>� :• 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 ' • • . . . . .• 8 Town Board Minutes 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 . 9 Town Board Minutes 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