HomeMy WebLinkAbout1992-05-11 ` . ` s1
le 1 Town Board Minutes
May 11 , 1992
TOWN OF DANBY
TOWN BOARD MEETING
Regular Meeting 8 : 00 P . M . May 11 , 1992
P RESENT :
Supervisor Oltz
Councilpersons : Hile , Marisa , Miller , Schwartz
O thers Present :
County Representative - Frank Proto
H ighway Superintendent - William Hall
Town Clerk - Carol Sczepanski
P lanning Board Chair - Nancy Weitzel
Interim Code Enforcement Officer - Susan Beeners
Members of the Public : Mary Ann Kozak , Larry Parlett , Bill
Farrell , Herb Engman , Joel Gagnon , Les Jinks , Patricia Button ,
E dw . M . Roberts , Scott Hoffay , Mary Lou Hardesty
The May 11 , 1992 Town Board Meeting was called to order at 8 : 05
P . M . by Supervisor Oltz
P LEDGE OF_ALLEGIANCE :_ __
Supervisor Oltz led all present in the Pledge of Allegiance to the
American Flag .
Approval of April 13 , 1992 Town Board Meeting Minutes_
A motion was made by Councilperson Marisa and seconded by
Councilperson Schwartz to approve the Town Board Meeting Minutes
of April 13 , 1992 as published .
Addition to the Agenda;_
Councilperson Oltz asked for an addition to the Agenda under New
B usiness - - Memorandum of Understanding for the Highway Department .
N o Board member objected .
P rivilege of the Floor :
Town Clerk , Carol Sczepanski reported that due to many phone calls
from area residents and communications from the Tompkins County
Health Department regarding rabies she is going to place an article
in the next issue of the Danby Area News .
County Representative_ Report :..
Tompkins County Representative Proto reported on the following :
1 ) Rabies - - there have been over ninety ( 90 ) confirmed cases of
✓ abies in Tompkins County . The County is developing a
procedure to handle nuisance calls involving wildlife . The
County recommends that all highway personnel receive pre -
e xposure series for rabies .
2 ) Sanitary Code - - revisions to Article I and Article VI -
Tompkins County Septic Systems are nearly complete .
3 ) Municipal Planning Organization - - was approved by the
Tompkins County Board of Representatives .
4 ) Records Management Organization - - Grants are made annually
to municipalities for records management .
5 ) Tompkins County Landfill ( Hillview Road ) - - is officially
closed . The Hillview Road Advisory Committee passed a
resolution saying that they would be willing to work with the
County to develope a new Article P or to work within the
framework of hiring an engineer . There is an opening for an
at - large person on the Hillview Road Advisory Committee .
6 ) Tompkins County Hospital Building ( Biggs Complex ) - - the
County voted to sell the complex to Tompkins Community
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2 Town Board Minutes
May 11 , 1992
• Hospital including eighty ( 80 ) acres east of the complex for
$ 140 , 000 .
7 ) Judd Falls Road Intersection - - will be under construction and
detours will be necessary .
8 ) Sales Tax - - County Board supported modest changes in
revisions for the Sales Tax increase . Mr . Proto said he
cannot support the sales tax increase until the County budget
is treated in a conservative way .
9 ) Airport - - The Airport Development Committee is now called the
" Airport Construction Committee " . The County received
$ 1 , 400 , 000 . 00 as the first installment to complete the design
phase of the airport expansion construction project . The
airport renovation and improvements project is funded by " USER
FEES " .
PRIVILEGE OF_ THE
FLOOR :
Mary Lou Kozak - - reported on the 1992 Jennings Pond Summer
P rogram . The budget and schedule have been completed .
Councilperson Marisa asked that the amount for garbage disposal be
removed from the budget . New York State Parks do not provide trash
, cans or dumpsters .
L arry Parlett of West Miller Road addressed the Town Board and
asked them to consider tax exempt legislation for Veterans . He
said that Danby is one of the two ( 2 ) townships in Tompkins County
that has not updated legislation for tax exemption for Veterans .
Assessment Board of Review :
Frank Proto reported that the Assessment Board of Review for the
Town of Danby will held on Wednesday , May 13 , 1992 from 3 P . M . to
6 P . M .
S upervisor Oltz reported that Councilperson Miller and
Councilperson Schwartz have agreed to serve on the Assessment Board
o f Review .
Mary Lou Hardesty of South Danby Road said that she has
✓ eservations regarding the purchase of the Old Danby School by
Ithaca City School District . She asked what the building would be
u sed for by the District and as taxpayers how much this would cost
u s .
D iscussion followed :
Councilperson Schwartz reported that it is his understanding that
if the Ithaca City School District purchased the building it would
be used for administration and school classes for grades K - 3 .
The Town of Danby is the only township in the school district that
d oes not have a school .
Mary Lou Hardesty asked the Town Board to attend the Taxpayers
Association Meetings .
Councilperson Miller suggested that members of the Taxpayers
Association attend the next School Board Meeting and ask them to
o penly state where they are in this situation concerning the
purchase of the Danby School and what they would use it for .
COMMUNICATIONS :
1 ) Community Council Summer Recreation Schedule for 1992
2 ) Code Enforcement Officer ' s Report - April 1992
3 ) Dog Control Officer ' s Report - April 1992
4 ) Resignation Letter from the Town Secretary - Theresa O ' Connor
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May 11 , 1992
Motion _ to __Accept_ Resignation of Town Secretary_
A motion was made by Councilperson Miller and seconded by
Councilperson Marisa to accept the resignation of Theresa O ' Connor
as Secretary for the Code Enforcement Office .
A roll call vote on . the motion resulted as follows :
H ile Aye .
II Marisa Aye ,
Miller Aye '
Schwartz Aye ,
O ltz Aye ' . Carried Unanimously
Dumping of Tires on Peters Road
Supervisor Oltz reported that the Town Board had received a letter
from Phyllis Corey ; 'regarding thirty - two ( 32 ) tires that had beeti
dumpecton her property . The Town Board has asked the Town Highway
Department remove :them and bill Tompkins County for the Landfill
fee .
Highway
Highway Superintendent Hall reported on the following :
1 ) The . crews are working on road maintenance ;
2 ) OSHA inspected : the Town Highway ' Barns May 11 , 1992 ;
3 ) Requests for bids for furnishing a Structural Plate Box
Culvert on LaRue Road will be advertised this week ;
Councilperson Hile reported on bid information for the purchase of
a plow truck . He has looked into the New York State Specifications
and prices and will . seek bids from other suppliers .
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Senior Citizens Report :
Edward M . Roberts - reported that the Senior Citizens have canceled
the May Mystery trip .
Code Enforcement_ Of_f icer _ Report:_
Susan Beeners reported the following :
1 ) Permits were ' issued in April 1992 for the following : three
( 3 ) new home ; construction , one ( 1 ) renewal , four ( 4 )
renovations / Additions , one ( 1 ) garage , and one ( 1 ) pool
installation . Four ( 4 ) Certificates of Occupancy were issued ,
two ( 2 ) violation notices were served and there , are six ( 6 )
complaints under investigation . Fees in the amount of $ 947 . 20
was collected for permits , $ 50 . 00 for a BZA Appeal and $ 175 . 00
. fee for Special ! Permit .
2 ) Susan attended the NYS Codes Division seminar on reinforced
concrete masonry , April 9 , 1992 ;
3 ) Has toured many of the Town of Danby roads with Highway
Superintendent Hall ;
4 ) Spencer Post Office has requested house numbers for Rural
Route ( R . D . # 1 and R . D . # 3 ) addresses located on Town of Danby
roads ;
Councilperson Hile requested an explaination of the fifty ( 50 ) yard
fill regulation for the Town of Danby and asked if the Town was
going to enforce it .
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S usan explained the existing requirements and that she is working
on a proposed amendment to the fill section of our ordinance as it
is ambiguous and limits some public works activities .
D iscussion followed . ,
Councilperson Schwartz and Councilperson Hile requested that the
issue of fill limits be referred to the Planning Board to review
for amendment .
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May 11 , 1992
Councilperson Miller said she would like the Board and Planning
B oard to prioritize issues ( at least three ) for amendments to the
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ordinance to be addressed as a group .
Planning Board Report :
Chairperson Nancy Weitzel said that in response to a letter the
P lanning Board and Town Board received regarding neighbor the ,
n otification of public hearing for Special Permit - - it is part of
the applicants responsibility and expense . A copy of the
applicants notification is provided to the Planning Board as proof
o f notification at the public hearing . Notification should be
made by the applicant to adjacent landowners either by personal
d elivery with a signed receipt log or Return Receipt Requested Mail
d elivery . Legal Notice is published in the Legal Advertising
section of the Ithaca Journal at least five ( 5 ) days prior to
public hearing and " Notice of Meeting " is posted in the Town Hall ,
D anby Market , Benjamins One Stop and West Danby Post Office .
D iscussion followed :
Councilperson Miller said that she feels very strongly that our
current zoning ordinance does not carry enough notification to
n eighbors , that she does not think we are doing it correctly , and
w e are not extending the guidelines far enough in terms of mileage .
Councilperson Marisa said he thinks that the notification of
landowners should be extended .
Requests for information and requests copies for materials
submitted to the Planning Board will be made to the Town Clerk .
There is a fee for copies .
D og Control Officer April 1992 Report :
The April 1992 Dog Control Officer ' s Report is received an on file
in the Town Clerk ' s Office . ' Adoption fees in the amount of $ 10 . 00
and Redemption Fees in the amount of $ 20 . 00 were collected . April
1992 dog control expenses were $ 66 . 40 .
Fire District Report :
S upervisor Oltz reported that an appraisal was done on the West
D anby property the Fire District is considering for a new fire
station .
Solid Waste Advisory Committee Report :
J oel Gagnon reported that the Advisory Committee was apprised of
the situation with regard to the Hillview Road Landfill . The
consensus of the group seemed to be not to take any action at this
time . The SWAC Committee went on record as urging the County in
the course of its SEQR review of the DR - 7 reconfiguration , of
taking into account the information from the Dryden consultant of
why the area under the footprint isn ' t wetland . The Disposal
Subcommittee is looking into ways of energy possibilities ,
particularly using the NYSEG generating plant as a facility . The
composting and transfer station is in operation at Hillview
L andfill . The County is going to enforce flow control legislation
for trash and it may be necessary to increase the price for trash
d isposal to meet the 1992 budget .
D iscussion followed .
Councilperson Miller said she thinks we need to look at ways to
reduce the solid waste budget instead of saying people need to pay
more to meet the budget .
NEW BUSINESS :
New York_State_Statutory Changes in Board of Zoning Appeals
Supervisor Oltz reported that the draft local law regarding New
York State Statutory Changes in the Board of Zoning Appeals has not
been received for review by the Town Board . A draft resolution •
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5 Town Board Minutes
May 11 , 1992
will be reviewed by the Planning Board and a public hearing will
be scheduled .
Discussion followed :
Councilperson Marisa explained that there is a change in the New
York State Law ( Section 267 , d267 - a , 267 - b , and 267 - c ) with respect
to the criteria for use variances that may or not be granted at the
discretion of the BZA . Because of the language of the new State
law is inconsistent with the language in our zoning ordinance there
are options of how to bring our ordinance into compliance .
Councilperson Schwartz said our BZA Chair recommends a change in
our regulations . Under the new State law it would be almost
impossible for our BZA to grant a use variance .
Fieldstone Circle :_
Susan Beeners presented a revised proposed resolution for
consideration for ! approval of certain documents related to
Fieldstone Circle Subdivision .
Amendments to the Proposed Documents Related to Fieldstone Circle
Subdivision : " Declaration of Restrictive Covenants for Fieldstone
Circle Subdivision , " Agreement between Elizabeth Grisanzio ,
Sponsor and Owner of Fieldstone Circle and Town of Danby , " and
" Suggested Language for Fieldstone Circle Subdivision Plat for
. ' Natural / Rural Space ' Area East of Lots 7 , 9 , 10 , 12 , 13 , and 14 . "
( Revised May 11 , 1992 . )
1 . Delete the last sentence of page 8 , paragraph 19 ( of
Declaration of Restrictive Covenants for Fieldstone Circle
Subdivision ) , last sentence of paragraph 10 ( of " Agreement
between Elizabeth Grisanzio , Sponsor and Owner of Fieldstone
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Circle and Town of Danby , " and last sentence of " Suggested
Language for Fieldstone Circle Subdivision Plat for
' Natural / Rural space ' Area. East of Lots 7 , 9 , 10 , 12 , 13 , and
14 . "
2 . Insert the following :
Prior to the initial transfer of the last of lots 7 , 9 , 10 ,
12 , 13 , and 14 , with Town of Danby Town Board and Planning
Board approval , the ` Natural / Open space ' area
( a ) shall either be transferred in its entirety to , or
divided and transferred to one or more of , the owners of
said lots and shall continue to be subject to this same
restriction after such transfer , or
( b ) shall be the subject of alternative actions that
assure that the ' Natural / Open Space ' area remains limited
in use as described herein . "
RESOLUTION._ NO .
_-3 5 --- OF1992 __
SApproval � of Proposed Documents Related to Fieldstone_ Circle
ubdivision : " Declaration_ ofRestrictive Covenants _for _Fieldstone
Circle _ Subdivisio, ! _ Agreement between Elizabeth _ Grisanzio,_
Sponsor____and Owner of Fieldstone _Circle and Town_o.f_ _Danby ,_" _ and
ISuggested _ Langua_ge for__. Fieldstone Circle Subdivision
Plat _- for
'Natural/ Rural_ Space ' Area East__ of_Lots_ 7 _9 , 10 , 2 , 13 , and 14 . "
_LRevised May 11 „_ 1992 . A
By Councilperson Marisa : Seconded by Councilperson Schwartz
WHEREAS , this action is the Consideration of Approval of the
proposed " Declaration of Restrictive Covenants for Fieldstone
Circle Subdivision , " " Agreement between Elizabeth Grisanzio ,
Sponsor and Owner of Fieldstone Circle and Town of Danby , " and
• " Suggested Language for Fieldstone Circle Subdivision Plat for
' Natural / Rural space ' Area East of Lots 7 , 9 , 10 , 12 , 13 , and 14 , "
and :
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May 11 , 1992
WHEREAS , previous to such action , the following related actions
occurred :
i . The Town of Danby Town Board , acting as Lead Agency in the
environmental review of the proposed Raptor Heights • II Planned
Development District ( also known as Fieldstone Circle ) , on
February 11 , 1991 determined that the proposed action would
not have a significant effect on the environment , and also
granted preliminary and conditional approval to the subject ;
ii . The Town of Danby established the boundaries of the District
on the revised Zoning Map of December 11 , 1991 as part of its
1991 Legislative Program , and also enacted a revised Zoning
Ordinance and new Subdivision Regulations ;
iii . The Town Board on February 14 , 1992 accepted the application
for final approval of the project and referred the application
to the Town Planning board for consideration of Final Site
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Plan and Final Subdivision Approval ;
iv . The Planning Board , at Public Hearing on March 18 , 1992
granted Final Site Plan and Final Subdivision Approval to the
" Fieldstone Circle Subdivision Planned Development Zone "
subject to the following provisions :
a . Approval by the Town Attorney and the Town of Danby
Town Board of the form and content of the proposed
Declaration of Restrictive Covenants and the
proposed Agreement between the Project Sponsor / Owner
and the Town of Danby , with changes as requested by
the Planning Board on March 18 , 1992 ;
b . The developer shall be entitled to obtain building
permits for the model homes and sales office on Lot
A prior to the approval stated in ( a . ) above .
v . The Town Board has reviewed , on May 11 , 1992 , draft copies of
documents under consideration for this action , incorporating
the changes requested by the Planning Board and fully reviewed
by the Town Attorney , and has also reviewed the revision
requested by the Town Board on May 6 , 1992 as prepared by the
Town Attorney , now , therefore , be it
RESOLVED , that the Town Board grant and hereby does grant approval
to the proposed " Declaration of Restrictive Covenants for
Fieldstone Circle Subdivision , " " Agreement Between Elizabeth
Grisanzio , Sponsor and Owner of Fieldstone Circle and Town Of
Danby , " and " Suggested Language for Fieldstone Circle Subdivision
Plat for ' Natural / Rural space ' Area East of Lots 7 , 9 , 10 , 12 , 13 ,
and 14 , " as reviewed by the Town Board on May 11 , 1992 .
A roll call vote on the resolution resulted as follows :
Hile Aye
Marisa Aye
Miller Aye
Schwartz Aye
Oltz Aye
Carried Unanimously
RESOLUTION NO .__ 3 _6__ OF 1-992
AMENDING
RESOLUTION__ # 25 _ OF_ 19_92
APPOINTMENT_ OF _ GROUNDSKEEPER OF WEST _DANBY ._ METHODIST CEMETERY
By Councilperson Marisa : Seconded by Councilperson. Schwartz
RESOLVED , That the Town of Danby Town Board appoint Gerald Belles
of 53 Depot Road , Newfield , New York as Groundskeeper of the West
Danby Methodist Cemetery for 1992 , and be it further
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7 Town Board Minutes
May 11 , 1992
RESOLVED , That payment is to be at the rate of $ 150 . 00 per month
for mowing of the cemetery from May 1992 through September 1992
with an additional fee of $ 150 . 00 for the initial spring cleanup .
A roll call vote on the resolution resulted as follows :
Hile Aye
Marisa Aye
Miller Aye
Schwartz Aye
Oltz Aye
Carried Unanimously
RESOLUTION_ NO .__3.7 . OF __ 1992
MEMORANDUM OF UNDERSTANDING_BETWEEN _THE_DEPARTMENT _ OF ENVIRONMENTAL
CONSERVATION _OF _THE_STATE_OF NEW YORK _AND THE TOWN OF . DANBY FOR _ THE
PERIOD OF_ JANUARY _1 ., _1992 TO _ DECEMBER 31_, 1992 __ = _Approved
By Councilperson Marisa : Seconded by Councilperson Hile
WHEREAS , the Department of Environmental Conservation of the State
of New York is responsible for the protection of the water
resources of certain classified waters in New York State as set
forth Title 5 of Article 15 of the Conservation Law and ,
WHEREAS , this Memorandum of Understanding between the Department
of Environmental Conservation of the State of New York and the Town
of Danby establishes an agreement of cooperation between the
parties hereinafter mentioned for the administration of this
responsibility insofar as the Town is concerned ,
THEREFORE , BE IT RESOLVED , That William Hall is hereby empowered
to sign the attached Memorandum of Understanding in behalf of the
Town of Danby , and
BE IT FURTHER RESOLVED , That this Memorandum of Understanding shall
take effect immediately upon its acceptance by the Department of
Environmental Conservation .
A roll call vote on the resolution resulted as follows :
Hile Aye
Marisa Aye
Miller Aye .
Schwartz Aye
Oltz Aye Carried Unanimously
APPROVAL OF WARRANTS
Approval of_General_ •
Fund Warrant )0 .5.. of „ 1992
A motion was made by Councilperson Schwartz and seconded by
Councilperson Hile to approve the General Fund Warrant No . 5 of
1992 in the amount of $ 6 , 492 . 09 .
Discussion followed :
Councilperson Marisa said he is concerned that the financial
reports do not show the budgeted amounts and expenditures of
individual accounts to date .
Supervisor Oltz reminded the Board that if a computer had been
purchased before December 31 , 1991 as requested , all financial data
would be available on a monthly basis .
A roll call vote on the motion resulted as follows :
Ayes :
Hile
Schwartz
Oltz
Noes :
Marisa
Miller
Carried
8 Town Board Minutes
May 11 , 1992
Approval of Highway_ Fund
Warrant
._-. No .
_..._ 5_. of _1992.
A motion was made by Councilperson Schwartz and seconded by
Councilperson Hile to approve the Highway Fund Warrant No . 5 of
1992 in the amount of $ 9 , 601 . 55 .
A roll call vote on the motion resulted as follows :
H ile Aye
Marisa Aye
Miller Aye
Schwartz Aye
O ltz Aye Carried Unanimously
Approval of West__._-Danby__WaterDi_st.rict .. Warrant
No .
_.. 4 _of _1992.
A motion was made by Councilperson Miller and seconded by
Councilperson Schwartz to approve the West Danby Water District
Warrant No . 4 of 1992 in the amount of $ 238 . 68 .
A roll call vote on the motion resulted as follows :
Hile Aye
Marisa Aye
Miller Aye
S chwartz Aye
O ltz Aye
Carried Unanimously
Appro_v_ai__of - Town _C1erk ' s April __. 1992 _ Report
A motion was made by Councilperson Marisa and seconded by
Councilperson Hile to approve the Town Clerk ' s April 1992 Report
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
Approv_ al of _ Town Supervisor ' s April_._ 1992 ._Report
A motion was made by Councilperson Schwartz and seconded by
Councilperson Hile to approve the Town Supervisor ' s April 1992
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
Councilperson Marisa requested a typed copy of the Supervisor ' s
April 1992 Report .
AD_JOU_RNMENT :_
On a motion the meeting adjourned at 10 : 20 P . M .
(147/ 2e1 44c41L:
Carol W . Sczep i , Town Clerk
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