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HomeMy WebLinkAbout1991-10-14 1 TOWN OF DANBY TOWN BOARD MEETING Regular Meeting 8 : 00 P . M . October 14 , 1991 P RESENT : Supervisor Dietrich Councilpersons : Eckstrom , Marisa , Oltz , Schwartz Others Present : Town Clerk - Carol Sczepanski County Representative - Frank Proto P lanning Board Chair - Nancy Weitzel P lanner - Susan Beeners Attorney - John Barney Members op the Public : P ason Brewer , Mary Casterline , Roy Casterline , William T . GonLer , Jane Brewer , Julia Hughes , Carl Seamon , Rev . Peter S . J ^ nks , James L . Jackson , Karel Sedlacek , Edward M . Rel ) erts , Rosa Lee Johnson Supervisor Dietrich calle r:'. the meeting of the Town of Danby Town Board to order at 8 : 00 P . M . P LEDGE OF__ALLEGIANCE _ Supervisor Dietrich led all present in the Pledge of Allegiance to the American flag . Approv_al_ of __September 9_ 19.91 Town Board Meeting Minutes A motion was made by Councilperson Oltz and Seconded by Councilperson Marisa to approve the September 9 , 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 - Schwartz Aye D ietrich Aye Carried Unanimously Approval .of _ September 18 , 1991 Town Board Meeting__. Minu_ tes : A motion was made by Councilperson Oltz and Seconded by . Councilperson Marisa to approve the September 18 , 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 Schwartz Aye D ietrich Aye • Carried Unanimously PRIVILEGE____OF THE _ _FLOOR_ Councilperson Marisa requested that the Landfill Committee Report be added to the Board Meeting Agenda as a Monthly Report . Councilperson Eckstrom requested that the Town Clerk send his response to the Human Service Coalition regarding a request for additional funding from the • Town of Danby . 9 ti 2 Town Board Minutes October 14 , 1991 Caro ]. Sczepanski reported that the Town of Danby Dog Enumeration is in progress . County Representative Report : Representative Proto reported on the following items : 1 ) Tompkins County Budget : Reviews by department are in progress , all vacant positions are frozen and many requests must be reduced or rejected . 2 ) Bus Service : is doing very well . 3 ) Off Track Betting Proposal : The County passed a resolution to hold a Public Hearing on . The deadline for signatures opposing off track betting is Friday , October 18 , 1991 . Item Pricing Law : On the County Board of Representatives Agenda for Tuesday , October 15 , 1991 . 4 ) NYS Part 75A of the Sanitary Code : Have completed. review of the Septic and Sewage Regulations and are requesting a blanket waiver in twelve ( 12 ) areas . The County Environmental Health O fficer has the power to grant waivers . Problems with the E nvironmental Health Division should be reported to Representative Proto . All residents have the right of appeal to the Board of Representatives . 5 ) Tompkins County Municipal Clean - up Day : A letter will be sent soon regarding the waiver for fees . A letter from the Town should be sent to the County if we are going to participate in clean - up day . 6 ) Rabies Clinics : Tompkins County will hold Rabies Clinics from O ctober 28 through the 31st . at various locations throughout Tompkins County . Danby Rabies Clinic will be held on Monday , O ctober 28 , 1991 at the Danby Fire Station on 96B from 7 : 00 - 9 : 00 P . M . 7 ) Hiliview Road Landfill Committee : Vacancy on committee . 8 ) Tompkins County Neighborhood Protection Committee : Vacancy on Committee . Danby__State _ Forest_ Tax Monies __ Supervisor Dietrich reported that the Town of Danby is seeking to g et the Town Tax for the Danby State Forest paid directly to the Town . Presently the tax paid on the Danby State Forest is sent directly to Tompkins County . O ther Reports __ H illview Landfill Committee Report_ - Julia Hughes from the Hiliview L andfill Committee submitted a copy of the Hiliview Landfill Committee By Laws . Committee Minutes for the 3 / 26 , 4 / 6 , 4 / 24 , 5 / 9 , 5 / 22 , 6 / 5 , 6 / 12 , 6 / 19 , 6 / 26 , 7 / 10 , 7 / 24 , 8 / 7 , 9 / 4 , 10 / 2 were submitted for our records . J ulia said the goal of the committee has been to close the landfill as quickly and safely as possible . The Committee has worked on the wet land assessment , have reviewed the closure plan and submitted it to the Department of Conservation . Options are being explored for the interim period between closure and the opening of a new landfill . The biggest concern at this time is the maintenance and monitoring of the landfill after closure . Counc: ilperson Marisa asked what specifically is being done in the area of out - of - county transport and what relationship that has to any activities that might be going on in the County . J ulia said the County has not come up with a plan at this time for t he transport of solid waste . The County is at this time looking 0 • Town Board `Minutes" October 14 , 1991 • 3 at the Hillview Landfill for a transport facility . The committee is asking the County to look at other County owned land . There have been three ( 3 ) sites proposed at the Hillview Landfill for a transport facility . Councilperson Eckstrom said that May 1 , 1992 is a very eloquent and g randiose compromise on the basis of many factors here in the County . May 1 was not a decision arrived at easily and was a compromise from everybodys prospective . He thinks we have not yet faced the cost of what it is going to mean to throw garbage out at $ 145 . 00 per ton . He wishes the Committee would desist from pressing for December 31 , 1991 deadline for closure any further . D iscussion followed in regard to the landfill closure date . J ulia said there has been discussion on a closure date for the landfill . The Committee has come to a compromise with the County o n a closure date of May 1 , 1992 and they do have a consensus from Representative Beverly Livesay that the County does not expect to e xtend that date . Councilperson Eckstrom said he is not happy with the closure date o f May 1 , 1992 . If the date is extended until December 31 , 1992 the County could save eight ( 8 ) months of $ 145 . 00 per ton in tipping fees . He said he represents the people of the Town of D anby who have to pay this horrendous tipping fee and in his view w e are paying for very little environmental preservation . Councilperson Marisa said he doesn ' t feel there is an issue if e veryone is happy with the May 1 , 1992 but would not like to see the closure date significantly later or an unspecified date . Councilperson Schwartz is concerned that there will be an increase in cost for shipping garbage out of the county . Councilperson Marisa requested a copy of the Hillview Road Landfill Committee Minutes be circulated to the Town Board . Roy Casterline said that he is perturbed that we are spending over $ 500 , 000 . 00 on a place we are going to close . WEST__DANBY POLLING _PLACE _FOR VOTING DISTRICT NO . 2 Reverend Peter Jenks addressed the Town Board regarding a request from the , Town of Danby Elections Inspectors to move the West Danby polling place for Voting District No . 2 from the West Danby Fire Hall to the First Baptist Church on Spencer Road . Reverend Jenks ✓ eported that an informational meeting was held with the First Baptist Church Board and approval of the church as a polling place w ill be granted. on October 21 , 1991 . The First Baptist Church has ✓ equested a Certificate of Insurance from the Town of Danby . Jim Jackson , Chairman of the Board. of Trustees , West Danby First Baptist Church addressed the Town Board . Mr . Jackson said that the Town of Danby needs a comfortable and accessible polling location . If there are no restrictions placed on the church they are in agreement to approve their facility as a polling location for Voting District No . 2 . Reverend Jenks said that he will send official approval from the church to use their facility as a polling place for Voting District No . 2 . COMMUNICATIONS :_ 1 ) Letter from Danby Fire Commissioners in response to Resolution No . 53 - Request for Land Conveyance 2 ) Courts Decision - Town of Danby v . NYS Department of Conservation 3 ) Community Council Monthly Report dated October 9 , 1991 4 4 Town Board Minutes October 14 , 1991 4 ) Fire District Minutes - September 1991 OTHER_R_ E _PO_RTS : Senior Citizens Edw . M . Roberts reported that the Senior ' s went on a trip to H ammondsport . The outing was well attended and was one of the best trips ever . A Christmas Party has been planned for December . P ainting of the Town Hall E dm , M . Roberts reported. that there were a few additional items added to the initial cost for the painting : 1 ) Minor repairs 2 ) Exterminator for bees 3 ) Painting of the back stairs D iscussion followed in regard to replacing the gutters on the Town H all and Mr . Roberts will seek estimates . P lanning Board Report : P lanning Board Chairperson Nancy Weitzel reported that the Planning B oard will be meeting Wednesday and Thursday , October 16 and 17 to finalize materials to be presented at the October 23 , 1991 Public Information Hearing . Fire District Report : Fire District Liaison William Genter reported that the Fire D istrict Budget for 1992 has been filed . Mr . Genter reported that in the matter of Dobson v . Hogben et el , Judge Ellison ' s Decision was that the district is liable for the legal expenses for the plaintiff in the amount of $ 9 , 846 . 00 . Court costs have amounted to approximately 10 . 5 % of the 1992 budget . Code Enforcement _ Report = September The Code Enforcement Officer reported that permits were issued for four ( 4 ) additions , two ( 2 ) garages , one ( 1 ) renovation , and one ( 1 ) wood. stove installation and seven ( 7 ) building permits were renewed for September 1991 , two ( 2 ) Certificates of Occupancy were issued . Building permit fees in the amount of. $ 1 , 594 . 00 were collected for a total construction value of $ 603 , 190 . 00 . Dog Control Officer Reports : D og Control Officer Reports for February , March , April , May , June , J uly , August and September , 1991 have been received . N EW BUSINESS : Contract_ Agreement for Planning_Assistant_ S upervisor presented the Town Board with a Contract Agreement for t he purpose of obtaining a Planning Assistant for the preparation of materials needed in the new proposed zoning ordinance . Contract Agreement_ for Planner _Susan Beeners - Approved A motion was made by Councilperson Marisa and Seconded by Councilperson Eckstrom to execute the Contract Agreement dated O ctober 9 , 1991 between Planner Susan Beeners and the Town of Danby to provide the following services : P reparation of documentation and analysis for SEQR review o f proposed new zoning ordinance together with assistance in drafting and reviewing proposed ordinance and related legislation such as subdivision regulations , e nvironmental regulations , and flood plain laws . 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 • 0 Town Board Minutes October 14 , 1991 5 RESOLUTION # 56 OF 1991 ADOPTED D ESIGNATING THE TOWN BOARD AS LEAD AGENCY FOR SEQR REVIEW OF NEW ZONING LAW AND RELATED LEGISLATION B y Councilperson Eckstrom : Seconded by Supervisor Dietrich WHEREAS , the Town of Danby is in the process of reviewing and u pdating many of its land use laws , ordinances , and regulations ; and WHEREAS , the Town Planning Board has devoted considerable time and effort to the preparation , revision , updating , and implementation o f proposed legislation designed to improve governance of land use in the Town of Danby ; and WHEREAS , the proposed legislation includes a revised zoning o rdinance , a revised law governing flood plain activities , a new law improving the implementation of the State Environmental Quality Review Act ( " SEQR " ) , proposed subdivision regulations , and associated revisions in the resolutions related to fees for various permits and review activities in the Town ; and WHEREAS , the proposed items of legislation are all interrelated such that it is advisable for the Town Board to consider all of the items in conjunction with each other and as parts of an entire legislative program for governance of land use in the Town of Danby ( such items being hereafter collectively referred to as the " Legislative Program " ) ; and WHEREAS , the adoption of the Legislative Program is a Type I action u nder SEQR ; and WHEREAS , the Town Board will be the principal legislative body ✓ esponsible for the consideration and possible adoption or approval of all parts of the Legislative Program ; and WHEREAS , pursuant to the General Municipal Law notification of the consideration of certain parts of the Legislative Program must be provided to the Tompkins County Commissioner of Planning before final action is taken , and as a result such Commissioner may be an Involved Agency as defined in 6NYCRR Part 617 ( the " SEQR Regulations " ) ; NOW THEREFORE BE IT RESOLVED that the Town Board of the Town of D anby hereby designates itself as Lead Agency ( as defined in the SEQR Regulations ) for the purpose of conducting the environmental ✓ eview under SEQR of the proposed Legislative Program subject to the concurrence of such designation by the Tompkins County Commissioner of Planning and the Town of Danby Planning Board ( if such Commissioner and / or Board are Involved Agencies under the SEQR Regulations ) , and subject to the concurrence of such designation by any other entity presently identified as an Involved Agency ; and it is further RESOLVED that the Town Supervisor , acting in conjunction with the Town Attorney , Code Enforcement Officer and / or , in the discretion o f the Town Supervisor , the Planning Consultant , cause notification pursuant to Section 617 . 6 ( c ) of the SEQR Regulations of the need t o agree upon a lead agency to be sent to any such Involved Agency ; and it is further RESOLVED that the Town Supervisor , in conjunction with the persons enumerated in the immediately preceding resolution , be authorized and requested to solicit concurrence in the designation of the Town B oard as Lead Agency from any such Involved Agency and to forward such documentation and materials to any such agency as may be n ecessary or appropriate to obtain such concurrence ; and be it further 1UY. 11 " snu . LS CV\ 6 October 14 , 1991 RESOLVED , that the Town Supervisor be , and he hereby is , authorized and directed to take such additional steps , and to execute and forward such additional . notices , documents , or certifications as may be necessary ' Or appropriate to expeditiously effectuate the intent of the foregoing resolutions . A roll call vote on the resolution resulted as follows : Eck st .r. om Aye Marisa Aye O ltz Aye Schwartz Aye D ietrich Aye Carried Unanimously RESOLUTION_ # 57 OF . _. 19.91_ . _- ADOPTED D ELEGATING TO THE _TOWN _ PLANNING BOARD AUTHORITY TO APPROVE SUBDIVISION PLATS AND TO MODIFY_ CERTAIN PROVISIONS _OF THE ZONING O RDINANCE B y Councilperson Marisa : Seconded by Councilperson Schwartz WHEREAS , Article 16 of the Town Law authorizes the Town Board to d elegate to the Town Planning Board certain functions in relation to approval of plats ; and WHEREAS , the Town of Danby is in the process of reviewing and u pdating many of its land use laws , ordinances , and regulations ; and WHEREAS , the Town Board believes the use of the " clustering " provisions authorized by Section 281 of the Town Law would help preserve open spaces in the Town and promote a desirable and e conomical mode of development ; THEREFORE , BE IT RESOLVED , that the Planning Board shall be and it h ereby is authorized and empowered , to approve plats showing new streets or highways within the Town of Danby , and to exercise all o ther powers , delegated to it by the provisions of Zoning Ordinance o f the Town of Danby as heretofore enacted and as the same may be amended. or reenacted from time to time , or which may be delegated to it by resolution of the Town Board , pursuant to the provisions o f Sections 274 and 276 of the Town Law , or which are described or contemplated under the provisions of Article 16 of the Town Law or acts amendatory thereof , with reference to ' Zoning and Planning ' ; and be it further RESOLVED , • that the delegation made by these resolutions specifically includes the authority to review and approve " preliminary plats " as defined in Section 276 of the Town Law and as the same may be further defined in any rules and regulations enacted to implement these resolutions ; and be it further RESOLVED , that the Town Clerk shall file with the Clerk of the County of Tompkins a certificate as required by Section 276 of the Town Law , certifying that the Planning Board has been authorized to approve plats showing new streets or highways in accordance with the provisions of Sections 274 and 276 of the Town Law ; and be it further RESOLVED , that the Planning Board be , and it hereby is empowered at the time of the approval of a plat either to confirm the zoning regulations of the land so platted as shown on the official zoning maps of the Town or to make any reasonable change therein to the extent permitted by section 281 of the Town Law , upon following the procedure required by such Section of the Town Law ; and be it further RESOLVED , that the Planning Board be authorized to prepare and adopt such rules and regulations as such board deems necessary to approve such plats , such rules and regulations to be subject to Town Board Minutes 7 7 October 14 , 1991 approval of this Board pursuant to Section 272 of the Town Law ; and be it further RESOLVED , that the delegation effected by these resolutions shall be effective upon the approval by this Board of the rules and regulations contemplated above . A roll call vote on the resolution resulted as follows : E ckstrom Aye Marisa Aye O ltz Aye Schwartz Aye D ietrich Aye Approv_a_1 of_ Town Board Budget Meeting Carried Unanimously A motion was made by Councilperson Eckstrom and seconded by Councilperson Schwartz to schedule a Town Board Meeting to work on the Preliminary Budget for Tuesday , October 29 , 1991 at 5 : 30 P . M . , Town Hall , 1830 Danby Road , Ithaca , New York . 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__Public Hearin_g_on Preliminary Budget Date_ of__November 111991 at _ 7 : 00__P_M_ A motion was made by Councilperson Eckstrom and seconded by Councilperson Schwartz to schedule the Public Hearing on the Preliminary Budget for the Town of Danby Fiscal Year 1992 for f November 11 , 1991 , Town Hall , 1830 Danby Road , Ithaca , New York at 7 : 00 P . M . 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 RESOLUTION _ NO_;__ 58_ OF_1991 CHANGE OF POLLING PLACE IN WEST DANBY - VOTING DISTRICT NO_ 2 - ADOPTION By Supervisor Dietrich : Seconded by Councilperson Schwartz WHEREAS , the Election Inspectors have reported to the Town of Danby that the West Danby Fire Hail is in poor condition to be used as the polling place for West Danby Voting District No . 2 , and WHEREAS , the Election Inspectors have requested the Town of Danby to move the West Danby Polling Place for Voting District No . 2 to the First Baptist Church of West Danby , Spencer Road , West Danby , New York , and WHEREAS , the First Baptist Church Trustees have offered their fellowship hall for the purpose of providing a polling place for Voting District No . 2 with the following conditions : Town Board Minutes 8 October 14 , 1991 1 ) Building will be as is , to mean no restrictions to alter the church facility to include removal of any normal signs , books , etc . being part, of their normal operations . 2 ) No polling or primary can interfere with their regular worship services , Sunday AM and PM and Wednesday evening . 3 ) A certificate of insurance to cover all liabilities must be submitted to cover election days . 4 ) Telephone , kitchen , and rest rooms will be available to the election inspectors . and , WHEREAS , Reverend Peter S . Jenks will send a letter of approval from the First Baptist Church Trustees for the use of their building as a polling place , now be it RESOLVED , that the Town Board of the Town of Danby move the West Danby Voting District No . 2 from the West Danby Fire Hall to the First Baptist Church of West Danby , Spencer Road , West Danby , New York . 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 NO. 59 OF 1991 EXECUTION OF RIGHT - OF - WAY - AGREEMENTS - ADOPTED By Councilperson Schwartz : Seconded by Councilperson Marisa RESOLVED , That the Town Board of the Town of Danby authorizes the Town Supervisor to sign and execute the Right - Of - Way - Agreements for the New Highway Barns as presented . 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 APPROVAL OF WARRANTS __ Approval of _ General Fund Warrant # 10 of 1991 A motion was made by Councilperson Marisa and seconded by Councilperson Eckstrom to approve the General Fund Warrant # 10 of 1991 in the amount of $ 8 , 069 . 93 . 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 • 9 Town Board Minutes October • 14. , 1991 Approval of Highway_Fund_Warrant # 10of_ 1991 A motion was made by Councilperson Oltz and seconded by Councilperson Marisa to approve the Highway Fund Warrant # 10 of 1991 in the amount of $ 16 , 657 . 74 . 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 o_ f._Highway__ CHIPS_ ___Fund Warrant _# 2 _ of 1991 • A motion was made by Councilperson Eckstrom and seconded by Councilperson Schwartz to approve the Highway CHIPS Fund Warrant # 2 of 1991 in the amount of 26 , 544 . 07 . 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 Approv_al . of West___Danby Water _District _Fund __Warrant # 9 of 1991 A motion was made by Councilperson Oltz and seconded by Councilperson Marisa to approve the West Danby Water District Fund Warrant # 9 of 1991 in the amount of $ 919 . 63 . 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 Report _for_ September 1991 A motion was made by Councilperson Marisa and seconded by Councilperson Oltz to approve the Town Clerk ' s Report for September 1991 as submitted . 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_ Supervi.sor ' s Report for September 1991 A motion was made by Councilperson Marisa and seconded by Councilperson Eckstrom to approve the Supervisor ' s Report for September 1991 as submitted . A roll call vote on the motion resulted as follows : Eckstrom Aye Marisa Aye O ltz Aye Schwartz Aye D ietrich Aye Carried Unanimously ADJOURNMENT : On a motion the meeting adjourned at 10 : 10 P . M . ezi L61v Carol W . Scze � i , Town Clerk