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HomeMy WebLinkAbout1992-01-13 • • 49 1 Town Board Minutes January 13 . 1992 TOWN OF DANBY TOWN BOARD MINUTES • Regular Meeting 8 : 00 P . M . January 13 , 1992 PRESENT : Supervisor Oltz Councilpersons : Hile , Marisa , Miller , Schwartz Others Present : County Representative - Proto H ighway Superintendent - Hall Town Clerk - Sczepanski B ookkeeper - Miller Planning Board Chair - Weitzel Members of the Public : E dw . M . Roberts , Mary Lou Hardesty , Carl Seamon , Joel Gagnon , Mary and Roy Casterline , Rick Dobson , Patricia Button P LEDGE OF ALLEGIANCE : Supervisor Oltz led all present to the Pledge of Allegiance to the American flag . Corrections to the December 9 , 1991 Town Board Meeting Minutes : 1 ) Page 1 - Approval of Minutes - insert December 4 , 1991 Town Board Agenda Meeting . 2 ) Page 7 - New Business - 5th line delete the word " expansion " insert " revisions " . Approval of the December 9 , 1991 , December 11 , 1991 Public Hearing and Board Meeting , and January 8 , 1992 Agenda Meeting MInutes : A motion was made by Councilperson Marisa and seconded by Councilperson Schwartz to approve Town Board Minutes of the December 11 , 1991 Public Hearing and Board Meeting , the January 8 , 1992 Agenda Meeting , as published and the December 9 , 1991 Town Board Meeting Minutes as corrected . A roll call vote on the motion resulted as follows : Mile Aye Marisa Aye Miller Aye Schwartz Aye Oltz Aye Carried Unanimously Introduction of New Councilpersons : Supervisor Oltz announced that we were starting the new year with two newly elected councilpersons and introduced Councilpersons , Gail Miller and Roger Hile to the Town Board and public . Privilege of the Floor : Councilperson Schwartz reported that he has held a discussion with Councilperson Hile and Highway Superintendent Hall in regard to the old town barns . He would like the Town Board to consider using the barns for cold storage as there is a real need for space . Councilperson Marisa expressed a sincere welcome to the new Town Board Members . County Representative Report : County Representative Proto extended congratulations to the new Town Board Members and reported on the following : 1 ) County Organizational Meeting - Robert Watros of Dryden is the • new chairman and James Mason the new vice - chairman of the Tompkins County Board of Representatives . New assignments for the Board have not been made at this time . r0 • 2 Town Board Minutes January 13 . 1992 • 2 ) Tompkins County Jail - Meetings have been held in regard to the overcrowding at Tompkins County Jail and alternatives to incarceration . 3 ) Local Law C - submitted a copy of the Local Law C that was passed by Tompkins County Board of Representatives for the Town files . 4 ) Reapportionment of Ithaca City School District Tax Rates - has been re - submitted this year . All municipalities in Tompkins County except the Town of Groton have properties in the Ithaca City School District . Frank has developed a chart showing the effects of the reapportionment to all townships in the county . 5 ) Tompkins County 1992 Budget - submitted a copy of Tompkins County 1992 Budget . 6 ) NYS Land Acquisition Program - ( formerly known as the NYS Land Acquisitions Act ) - for environmentally sensitive lands for acquisition by the DEC or NYS Parks and. Recreation . The E xecutive Summary of the study of environmentally sensitive lands has been printed in limited supply . There is one small area in the Town of Danby in the study designated as environmentally sensitive . A copy of " A Summary of the Draft Open Space Conservation Plan " was presented to the Town for our records . 7 ) Sanitary Code - Tompkins County Sanitary Code is being revised and major changes in the code are expected . 8 ) Garbage Disposal - continues to be a problem . 9 ) County Appointments - There are openings on many County Advisory Boards . L andfill Neighborhood Protection Committee - The Town of Danby needs to appoint a representative from Danby for this committee . Richard Marisa said that he has received many comments from ✓ esidents in opposition to the increase in sales tax . He said he thinks that professional and business people have been against an increase . D iscussion followed regarding the fifteen ( 15 % ) increase in County Taxes for 1992 and a proposal to add increase Tompkins County sales tax . COMMITTEE REPORTS : Community Council J anuary 1 , 1992 Community Council Report D og Control Officer ' s Report D ecember 1991 Dog Control Officer ' s Report was received . Planning Board Report Chairperson Weitzel reported that a Planned Development District P roposal for Hillview Terrace will be presented to the Planning B oard on Wednesday , January 15 , 1992 . Senior Citizen ' s Report : E dward M . Roberts reported that the Senior Citizens will be appointing new officers for the coming year at their organizational meeting . West Danby Water District Annual Report : The West Danby Water District Annual Report for 1991 has been ✓ eceived . • NEW BUSINESS : Resignation - BZA Chair S upervisor Oltz reported that Elizabeth Owens - Roe has resigned her position on the Board of Zoning Appeals . There are now two ( 2 ) ✓ acancies on the BZA . •,■ ■ J 3 Town Board Minutes January 13 . 1992 ORGANIZATIONAL RESOLUTIONS FOR 1992 Supervisor ' s Statement to the Town Board Supervisor Oltz read the following 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 p . m . Method of claims for 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 all bills . All personnel matters will be discussed in executive session , RESOLUTION # 1 OF 1992 Approval to Invest Idle Funds By Councilperson Marisa : Seconded by Councilperson Schwartz RESOLVED , That the Town Board of the Town of Danby authorize the Supervisor to invest idle funds . A roll call vote on the resolution resulted as follows : Hile Aye Marisa Aye Miller Aye Schwartz Aye Carried Unanimously RESOLUTION # 2 OF 1992 Approval to Set Salaries By Councilprson Schwartz : Seconded by Councilperson Marisa RESOLVED , That the Town Board of the Town of Danby set the 1992 Annual Salaries as follows : Supervisor $ 9 , 335 / year Town Justices : $ 7 , 350 ( $ 3 , 675 each ) Town Clerk $ 11 , 200 / year Custodian $ 2 , 864 / year Deputy Town Clerk $ 2 , 000 / year Bookkeeper and Assistant $ 10 , 200 / year All of the above are to be paid monthly . Four Councilpersons : $ 6 , 156 ( $ 1 , 539 / each ) Water District Clerk : $ 1 , 900 All of the above are to be paid quarterly . Town Historian - $ 100 per year honorarium - Paid in July Code Enforcement Officer : $ 15 , 300 / year Highway Superintendent : $ 27 , 500 / year Water District Plant Operator : $ 6 , 000 / year Code Enforcement Personnel and Secretary ( Contractual as needed . ) All of the above are to be paid bi - weekly . Water District Plant Operator Assistant $ 600 / year . Paid Quarterly BE 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 . A roll call vote on the resolution resulted as follows : Hile Aye Marisa Aye Miller Aye Schwartz Aye Oltz Aye Carried Unanimously • alma 52 ' • 4 Town Board Minutes January 13 . 1992 RESOLUTION # 3 OF 1992 P ayment of Bills B y Councilperson Schwartz : Seconded by Councilperson Miller • 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 . A roll call vote on the resolution resulted as follows : Hile Aye Marisa Aye Miller Aye Schwartz Aye Oltz Aye Carried Unanimously RESOLUTION # 4 OF 1992 1991 Financial Report • By Councilperson Schwartz : Seconded by Councilperson Marisa 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 , 1992 a copy of the report submitted to the State Controller required by Section 30 of Municipal Law . A roll call vote on the resolution resulted as follows : Hile Aye Marisa Aye Miller Aye Schwartz Aye Oltz Aye Carried Unanimously RESOLUTION # 5 OF 1992 Authorization For Purchase of Tools , Equipment , Etc . B y Councilperson Schwartz : Seconded by Councilperson Hite RESOLVED , That the Town of Danby Highway Superintendent be authorized to purchase tools , equipment , small implements , tires and tubes , etc . in the amount of $ 12 , 000 at any given time without prior approval of the Town Board . A roll call vote on the resolution resulted as follows : Hile Aye Marisa Aye Miller Aye S chwartz Aye O ltz Aye Carried Unanimously RESOLUTION # 6 OF 1992 Town of Danby Official Newspaper and Bank Depository B y Councilperson Miller : Seconded by Councilperson Schwartz RESOLVED , That the Town of Danby Town Board name the Ithaca Journal as the Official Newspaper and the Tompkins County Trust Company as bank for the depository of Town Funds . We regretfully name the Ithaca Journal as the official newspaper because there are no other alternatives available . A roll call vote on the resolution resulted as follows : H ile Aye Marisa Aye Miller Aye S chwartz Aye O ltz Aye Carried Unanimously RESOLUTION # 7 OF 1992 Town of Danby Attorney B y Councilperson Marisa : Seconded by Councilperson Schwartz 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 . • _ 5 v • 5 Town Board Minutes • January 13 . 1992 A roll ' call vote on the resolution resulted: ar.S follows : Hile Aye Marisa Aye Miller Aye Schwartz Aye Oltz Aye Carried Unanimously if RESOLUTION # 8 OF 1992 . Dog Control Officer Appointment By Councilperson Miller : Seconded by Hile : RESOLVED , That the Town of Danby Town Board name Lorraine Bard as the Dog Control Officer for the Town of Danby for the year 1992 . A roll call vote on the resolution resulted as follows : H ile Aye Marisa Aye Miller Aye S chwartz Aye Oltz Aye Carried Unanimously RESOLUTION # 9 OF 1992 Town Mileage By Councilperson Schwartz : Seconded by Councilperson Hile RESOLVED , That the Town of Danby Town Board authorize the mileage for Town business to be paid at twenty - five cents ( $ . 25 ) per mile . A roll call vote on the resolution resulted as follows : H ile Aye Marisa Aye Miller Aye Schwartz Aye O ltz Aye Carried Unanimously RESOLUTION # 10 OF 1992 Voting Machine Custodians and Inspectors By Councilperson Marisa : Seconded by Councilperson Schwartz RESOLVED , That the Town of Danby Voting Machine Custodians Edward M . Roberts and Leroy Decker will be paid as follows : Mr . Roberts $ 75 . 00 per service and Mr . Decker $ 60 . 00 per service . Election Inspectors will be paid at the rate of $ 5 . 00 per hour for service . A roll call vote on the resolution resulted as follows : Hile Aye Marisa Aye Miller Aye Schwartz Aye Oltz Aye RESOLUTION # 11 OF 1: 992 Carried Unanimously Highway improvements Reimbursement By Councilperson Marisa : Seconded by Councilperson Schwartz 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 expended upon 72 . 20 miles of Town of Danby highways . A roll call vote on the resolution resulted as follows : H ile Aye Marisa Aye Miller Aye Schwartz Aye O ltz Aye Carried Unanimously - RESOLUTION # 12 OF 1992 ' . Water Commissioner Appointment By Councilperson Miller : Seconded by Councilperson Schwartz RESOLVED , That the Town of Danby Town Board approve the reappointment of Carl Seamon as Water Commissioner for the West 5 / y • 6 Town Board Minutes • January 13 . 1992 D anby Water District fora five - year term to begin January 1 , 1992 and to expire December ' 31 , 1996 . A roll call vote on the resolution resulted as follows : Hile Aye Marisa Aye Miller Aye Schwartz Aye Oltz Aye Carried Unanimously • RESOLUTION # 13 OF 1992 Approval of Deputy Town Clerk By Councilperson Miller : Seconded by Councilperson Schwartz RESOLVED , that the Town of Danby Town Board approve of the re - . appointment of Linda Howe as Deputy Town Clerk for the year 1992 . A roll call vote on the resolution resulted as follows : H ue Aye Marisa Aye Miller Aye S chwartz Aye O ltz Aye • Carried Unanimously RESOLUTION # 14 OF 1992 Appointment of Tompkins County EMC Council Representative B y Councilperson Marisa : Seconded by Councilperson Hile RESOLVED , that the Town of Danby Town Board recommend the appointment of Daniel Decker of 256 Jersey Hill Road , Ithaca , New York to the Tompkins County Environmental Council as their representative for a term beginning January 1 , 1992 and ending December 31 , 1994 . A roll call vote on the resolution resulted as follows : H ile Aye Marisa Aye Miller Aye Schwartz Aye O ltz Aye Carried Unanimously RESOLUTION # 15 OF 1992 Approval of Deputy Town Supervisor B y Councilperson Schwartz : Seconded by Supervisor Oltz RESOLVED , that the Town of Danby Town Board approve the Town Supervisor ' s appointment of Dean Eckstrom as Deputy Town Supervisor for the year 1992 . A roll call vote on the resolution resulted as follows : Ayes - Four ( 4 ) Mile Aye Marisa Aye Miller Aye O ltz Aye N ays - One ( 1 ) Schwartz Nay Carried Councilperson Schwartz stated for the record : " Dean Eckstrom has d one a good job in the last two ( 2 ) years but I feel very strongly t hat this post should be held by someone who is elected . Since his term has expired I voted no . " RESOLUTION # 16 OF 1992 Approval of Town of Danby Court Clerk By Councilperson Schwartz : . Seconded by Councilperson Miller RESOLVED , that the Town of Danby Town Board approve the re - . appointment of Theresa O ' Connor as Danby Court Clerk for the year 1992 . >: 55 7 Town Board Minutes January 13 . 1992 A roll call vote on the resolution resulted as follows : 0 it Hile Aye Marisa Aye f Miller Aye Schwartz Aye r 7 Oltz Aye Carried Unanimously ::A RESOLUTION # 17 OF 1992 Appointments to Tompkins County Fire District EMS Board By Councilperson Marisa : Seconded by Councilperson Schwartz RESOLVED , that the Town of Danby Town Board approve the Danby Fire District recommendation of Jack Baker to as representative to serve on the Tompkins County Fire District EMS Board and Christopher Puleo as Alternate for a term beginning January 1 , 1992 and ending on December 31 , 1993 . A roll call vote on the resolution resulted as follows : Hile Aye Marisa Aye rII Miller Aye Schwartz Aye Oltz Aye Carried Unanimously RESOLUTION # 18 OF 1992 AUTHORIZATION FOR COMMUNITY COUNCIL TO APPLY FOR DIVISION FOR YOUTH FUNDS By Councilperson Marisa : Seconded by Councilperson Miller RESOLVED, that the Town Board of the Town of Danby authorize the Community Council to make application for Division for Youth ( DFY ) Youth Services and DFY Youth Recreation monies from the State of New York . A roll call vote on the resolution resulted as follows : Hile Aye Marisa Aye Miller Aye Schwartz Aye Oltz Aye Carried Unanimously RESOLUTION # 19 OF 1992 INCREASING THE PARTIAL TAX EXEMPTION FOR REAL PROPERTY OWNED BY PERSONS WITH LIMITED INCOMES WHO ARE 65 YEARS OF AGE OR OVER By Councilperson Schwartz : Seconded by Councilperson Miller WHEREAS , Pursuant to the provisions of Section 467 of the Real . Property of the Real Property Tax Law of the State of New York , real property located in the Town of Danby , owned by one or more persons , each of whom is 65 years of age or over , or real property owned by husband and wife , one of whom is 65 years of age or over , shall be partially exempt from taxation by said Town for the applicable taxes specified in said Section 467 based upon the income of the owner or combined incomes of the owners , and WHEREAS , A person otherwise qualifying for such exemption shall not be denied such exemption of such person becomes sixty - five ( 65 ) years of age after the appropriate taxable status date and before December 31 of the same year , now be it RESOLVED , that the Town Board of the Town of Danby extend Graduated Income Tax Benefit to Senior Citizens as set forth in the following schedule : ANNUAL INCOME OF OWNER PERCENTAGE ASSESSED , OR COMBINED ANNUAL INCOME VALUATION EXEMPT OF OWNERS FROM TAXATION Up to and including $ 15 , 000 . 00 50 % More than $ 15 , 000 . 00 • .. 8 Town Board Minutes January 13 . 1992 but less than $ 15 , 600 . 00 . 45 % $ 15 , 600 . 00 or more but 40 % less than $ 16 , 200 . 00 $ 16 , 200 . 00 or more but 35 % less than $ 16 , 800 . 00 $ 16 , 800 . 00 or more but 30 % less than $ 17 , 400 . 00 $ 17 , 400 . 00 or more but 25 % less than $ 18 , 000 . 00 $ 18 , 000 . 00 or more 20 % but less than $ 18 , 600 . 00 and be it further RESOLVED , that this partial exemption provided by this resolution shall , however , be limited to such property and persons as meet the conditions , qualification , exclusions and limitations set forth in Section 467 of the Real Property Tax Law of the State of New York , and be it further RESOLVED , that application for such exemption must be made by the owner , or all of the owners of the property on forms prescribed by the State Board of Equalization and Assessment of the State of New York ( or any successor agency ) to be furnished by the appropriate assessing authority and shall furnish the information and be executed in the manner required or prescribed in such forms , and shall be filed in such assessor ' s office on or before the appropriate taxable status date , and be it further RESOLVED , that this resolution supercedes Resolution No . 18 of 1984 . Discussion followed : Councilperson Marisa said that he opposes this sort of income based reduction of taxes . Reduction of taxes solely on the basis of income does not give a proper determination of peoples ability to pay their property taxes and is basically unfair . A roll call vote on the resolution resulted as follows : Four ( 4 ) Aye : One ( 1 ) Nay Hile Aye Marisa Nay Miller Aye Schwartz Aye Carried Oltz Aye RESOLUTION 20 OF 1992 APPROVAL TO TRANSFER FUNDS By Councilperson Schwartz : Seconded by Councilperson Miller RESOLVED , that to usehoverages board t e 1991 accounts to balance ance o t the bookkeeper 1991 accounts that are now over expended . A roll call vote on the resolution resulted as follows : Rile Aye • Marisa Aye Miller Aye Schwartz Aye Oltz Aye Carried Unanimously AMMEMEMM 5 ' 7 9 Town Board Minutes January 13 . 1992 OLD BUSINESS : RESOLUTION NO . 21 OF 1992 Tompkins County Solid Waste Management Advisory Committee Appointment By Councilperson Schwartz : Seconded by Councilperson Miller RESOLVED , That the Town of Danby Town :( Board recommend the nomination of Joel Gagnon for re - appointment to the Tompkins County Solid Waste Management Advisory Committee as the representative for the Town for the 1992 term . A roll call vote on the resolution resulted as follows : Hile Aye Marisa Aye Miller Aye Schwartz Aye Oltz Aye Carried Unanimously RESOLUTION NO . 22 OF 1992 Appointment of Interim Zoning and Code Enforcement Officer By Councilperson Schwartz : Seconded by Chairperson Oltz RESOLVED , That the Town of Danby Town Board appoint Susan Beeners as the Interim Zoning and Code Enforcement Officer for the Town of Danby until such position is filled , and be it further RESOLVED , that this appointment is effective immediately and will be in effect until the position has been advertized and a permanent appointment has been made . A roll call vote on the resolution resulted as follows : Hile Aye Marisa Aye Miller Aye Schwartz Aye Oltz Aye Carried Unanimously RESOLUTION NO . 23 OF 1992 Approval for Supervisor to Encumber 1991 Funds By Supervisor Oltz : Seconded by Councilperson Hile RESOLVED , That the Town of Danby Town Board authorize Supervisor Oltz to encumber 1991 monies to pay the balance of legal fees and pending advertizing fees for the Zoning Ordinance as listed on the January 1992 Abstract . A roll call vote on the resolution resulted as follows : Hile Aye Marisa Aye Miller Aye - Schwartz Aye Oltz Aye RESOLUTION NO . 24 OF 1992 Carried Unanimously By Councilperson Marisa : Seconded by Councilperson Schwartz : RESOLVED , That the Town of Danby Town Board set fees for the reproduction of the Town of Danby Zoning Ordinance , Subdivision Regulations and Supplementary Maps , and be it further RESOLVED , that the new fees for the documents are to be as follows : Zoning Ordinance $ 3 . 00 Subdivision Regulations $ 2 . 00 • Supplementary Maps $ 2 . 00 A roll call vote on the resolution resulted as follows : Hile Aye Marisa Aye Miller Aye Schwartz Aye Oltz Aye Carried Unanimously 58 10 Town Board Minutes January 13 . 1992 OTHER BUSINESS : Town Hall Security Edw . M . Roberts - Building Custodian suggested that the locks on the building be changed as many persons who have been issued keys have not returned them . He suggested that a few of the locks be changed for security reasons . Supervisor Oltz said that the keys would be changed soon . Storage of Summer Recreation and Afterschool Supplies : Mildred Miller said that the storage space in the front of the building for Community Council , Pre - K and summer recreation materials is an unsightly area . The basement is also full . The agreement was that something was to be erected to shield the storage space from view . Storage Space : Ed Roberts said he will purchase metal shelves needed for Town Clerks storage of records . Zoning Violations Councilperson Miller reported that a building is being erected on 96B near the highway at the entrance of a logging road that may be in violation and would like it referred to the Zoning Officer . Councilperson Schwartz reported that there is an abandoned house at the corner of East Miller Road and Coddington Road that is falling down . He suggested that a letter be sent to the owner asking them to remove the building . Deputy Supervisor Discussion : Mary Lou Hardesty asked what the function is of a Deputy Town Supervisor and if we really needed one . Councilperson Miller addressed the question and explained that it was necessary to have a Deputy Town Supervisor for emergencies and that the Town Supervisor could appoint a person of their choice . APPROVAL OF WARRANTS : General Fund Warrant # 1 of 1992 A motion was made by Councilperson Marisa and seconded by Councilperson Schwartz to approve the General Fund Warrant # 1 of 1992 in the amount of $ 13 , 084 . 05 as presented with the exception of item # 13 in the amount of $ 4 , 875 . 70 ( the Ithaca Journal Legal Advertizing Item for our Zoning Ordinance and Local Laws . ) Discussion followed : Councilperson Marisa explained that the Ithaca Journal Bill for the Legal Advertizing for our Zoning Ordinance and Local Laws should not be paid until the publication has been proofed to ensure the publication was complete . A roll call vote on the motion resulted as follows : Hile Aye Marisa Aye Miller Aye Schwartz Aye Oltz Aye Carried Unanimously Highway Fund Warrant # 1 of 1992 A motion was made by Councilperson Schwartz and seconded by Councilperson Hile to approve the Highway Fund Warrant # 1 of 1992 in the amount of $ 1 , 785 . 52 . A roll call vote on the motion resulted as follows : Hile Aye Marisa Aye Miller Aye Schwartz Aye Oltz Aye Carried Unanimously 59 11 Town Board Minutes January 13 . 1992 Approval of Town Clerk ' s December 1991 Report A motion was made by Councilprson Marisa and seconded by Councilperson Schwartz to approve the Town Clerk ' s December 1991 report as submitted . A roll call vote on the motion resulted as follows : H ile Aye Marisa Aye Miller Aye S chwartz Aye O ltz Aye Carried Unanimously Approval of Town Supervisor ' s December 1991 Report A motion was made by Councilperson Marisa and seconded by Councilperson Hile to approve the Town Supervisor ' s December 1991 report dated January 9 , 1992 as submitted . A roll call vote on the motion resulted as follows : H ile Aye Marisa Aye Miller Aye Schwartz Aye O ltz Aye Carried Unanimously ADJOURNMENT : On a motion the meeting adjourned at 9 : 20 P . M . iLe g Carol W . Sczepd ski Town Clerk