HomeMy WebLinkAbout1992-06-08 89
1 Town Board Meeting
June 8 , 1992
TOWN OF DANBY
TOWN BOARD MINUTES
Regular Meeting 8 : 00 P . M . June 8 , 1992
P RESENT :
S upervisor Oltz
Councilpersons : Hile , Marisa , Schwartz
ABSENT :
Councilperson Miller ( excused )
O thers Present :
Code Enforcement Officer - Beeners
County Representative - Proto
Town Clerk - Sczepanski
Highway Superintendent - Hall
P lanning Board Chair - Weitzel
Members of the Public :
H oward Steiner , Bill Farrell , Roy Casterline , Don Schaaf , Ray
Axtell
P LEDGE OF ALLEGIANCE :
Supervisor Oltz called the meeting to order at 8 : 10 P . M . and led
all present in the Pledge of Allegiance to the American flag .
Approval of Minutes - May 11 , 1992
A motion was made by Councilperson Schwartz and seconded by
Councilperson Hile to approve the Town Board Meeting Minutes of May
11 , 1992 as published .
A roll call vote on the motion resulted as follows :
Hile Aye
{ Marisa Aye
Schwartz Aye
Oltz Aye
Carried Unanimously
PRIVILEGE OF THE FLOOR :
Councilperson Schwartz reported that he and Councilperson Marisa
attended the Danby Taxpayers Association Meeting on June 2 , 1992 .
The major topic of discussion was solid waste and alternatives .
The overwhelming majority of the taxpayers group are very
interested in any alternative to the county handling our solid
waste . A video from Browning Ferris International on one
alternative was viewed . The Taxpayers Association have requested
permission for a liaison attend all of the town budget meetings to
be more informed about the Town budget .
Councilperson Marisa reported on a recent publication regarding the
911 Emergency System . He said that the Town of Danby has been
urging Tompkins County for a long time for the persons responsible
to agree on a system for Tompkins County .
Supervisor Oltz reported that she attended the Ithaca City School
Board Meeting on June 2 , 1992 with a group of Danby citizens who
would like to see the school district buy the former Danby
Elementary School . The Board did not take any action regarding the
A
purchase of the building .
County Representative Report :
Representative Proto reported on the following :
1 ) 911 Emergency System - is a very expensive system and fees of
thirty - five cents per telephone line would not make the system
self supporting . The system that serves Tompkins County is
90
2 Town Board Meeting
June 8 , 1992
very adequate and ready to go to the 911 system when we can
afford it . The cost to Tompkins County to install a 911
system would be approximately $ 2 , 000 , 000 . 00 and he could not
support that kind of expense at this time .
Councilperson Marisa said that he finds it difficult to accept that
kind of a position when you see rural counties near us that are
smaller and more depressed putting the 911 system in . He said he
recognizes that there are unique problems in Tompkins County but
thinks that it is a question of priority .
Councilperson Schwartz said he doesn ' t want the County to raise
taxes as they are out of control already . He said that if the
County cut out the curbside recycling we could save $ 500 , 000 . 00 per
year and use that money for something else .
2 ) County Youth Bureau Youth Monies : additional funds in the
amount of $ 1316 . 00 will be available to the Town of Danby for
summer youth programs .
3 ) Tompkins County Library : there is concern that hours may need
to be increased to retain New York State funding levels . The
Town of Lansing may open a reading center .
4 ) Sanitary Code Revisions : The Public Hearing on. Tompkins
County Sanitary Code Revisions ( Article I and Article VI ) will
be held on June 22 , 1992 at 3 : 00 P . M . at the Health
D epartment .
5 ) School Budgets : This is the time to write to Saul Weprin ,
S peacker of the Assembly , Room 932 , Legislative Office
Building , Albany , New York regarding the right to vote on
local school budgets .
6 ) Redistricting : A public hearaing has been set for
Redistricting for Tompkins County Election Districts .
Proposal No . R - 44 has received the most support .
7 ) Open Space Plan : ( New York State Acquisitions Plan ) The
Senate is deliberating the Environmental Trust Fund which is
t he funding part of the NYS Open Space Plan . Comments and / or
concerns should be directed to the New York State Senate .
8 ) Water Well Protection Program : The Landfill Neighborhood
P rotection Program has a Water Well Protection Plan . The
program is to maintain testing periodically after the landfill
is closed . A vacancy exists on the Committee .
Solid Waste Discussion :
Representative Proto reported that the news media reported
incomplete information regarding fees owed to Tompkins County by
trash haulers .
Discussion followed regarding the following :
1 ) Benefits Tax
2 ) Private Corporations
3 ) Alternatives to DR - 7
4 ) Why the County Solid Waste Division has 40 + staff members
5 ) Cargil Salt Mines as a trash disposal site o4.,
Howard Steiner said he would like to see more action on behalf the
Town Board as well as Representative Proto to start pushing an
affordable and acceptable landfill site or trash disposal system
for Tompkins County .
Roy Casterline - said that he can understand the reluctance of the
trash haulers to pay bills they believe are not owed .
91
3 Town Board Meeting
June 8 , 1992
H oward Steiner - addressed the Board regarding the purchase of the
O ld Danby School Building by the Ithaca School District . He
asked if fiscal consideration of the property being removed from
the tax rolls or the possibility of the Town having their own
schoo14 d bjee,n &,r, 5 ,- &t.
Councilperson Schwartz responded that he had contacted the New York
State Education Department was told that they were not in favor of
creating new school districts . Their preference is the
consolidation of school districts .
Councilperson Marisa said that if the Ithaca City School District
purchased the building to be used as a school it would benefit our
community . If the intended use of the building was for office and
administration he would not support its purchase .
Donald Schaad - addressed the Town Board and commented that
Councilperson Schwartz reported the views of the Taxpayers
Association and that other avenues should be pursued regarding
Tompkins County Solid Waste . The tape viewed at the meeting has
been turned over to the Town Clerk for other members of the Board
to view . He said that the County needs to look at alternatives and
options to building their own site .
Howard Steiner - suggested that the Danby Town Board invite
Browning Ferris International ( BFI ) in and listen to their
proposal . He does not believe that the County is giving residents
the true figures for our trash disposal and recycling . The Town
Board , recognizing the impact to the local taxpayers , has an
opportunity to put themselves on record as to their position in
this matter . Mr . Steiner asked what will be the impact on the
local citizens if local haulers are put out of business and does
the Town of Danby have a plan for their community .
O ther Reports :
E nvironmental Management Council Report :
Supervisor Oltz reported that our Environmental Conservation
Representative , Dan Decker , has returned .
Community Council :
J udy Tagliavento submitted a Community Council Report dated June
1 , 1992 .
H ighway Report :
H ighway Superintendent Bill Hall that road repair is on - going .
Code Enforcement Officer Report :
Code Enforcement Officer Susan Beeners reported on the following :
1 ) Submitted the Code Enforcement May 1992 Report
2 ) Is attending A Code Certification Course this week
3 ) A vacancy for a secretary in the Code Enforcement
Planning Board Report :
Chairperson Weitzel reported the Planning Board will hold a public
hearing at 7 : 00 P . M . on Wednesday , June 27 , 1992 . The hearing is
in regard to a request from Chris Becker for a special permit to
place a doublewide trailer on a property on South Danby Road .
Hillview Road Advisory Committee :
Representative Proto reported that the Hillview Road Committee at
their meeting on Thursday , June 4 , 1992 reviewed the potential RFP
for remediation . The County is looking for is an engineer to
review the remediation and alternatives for Hillview Landfill Site .
It will be reviewed by the Solid Waste Committee later this month
and a contract is expected in August 1992 . There is a vacancy on
the Hillview Road Advisory Committee .
92
4 Town Board Meeting
June 8 , 1992
A motion was made by Councilperson Marisa and seconded by
Councilperson Hile at 9 : 30 P . M . to adjourn to Executive Session to
discuss possible litigation .
A vote on the motion resulted as follows :
H ile Aye
Marisa Aye
Schwartz Aye
O ltz Aye
Carried Unanimously
The regular meeting of the Town Board reconvened at 9 : 48 P . M .
Structural Box Plate Box Culvert
RESOLUTION NO . 38 OF 1992 - Approved
AWARD OF CONTRACT FOR STRUCTURAL PLATE BOX CULVERT
By Councilperson Schwartz : Seconded by Councilperson Hile
WHEREAS , the Town of Danby Highway Department advertized and
received bids for furnishing a Structural Plate Box Culvert , and
WHEREAS , the sealed bids were publicly opened on Thursday , May 28 ,
1992 at 3 : 00 P . M . , Town Hall , 1830 Danby Road , Ithaca , New York
14850 , and
WHEREAS , the Highway Superintendent and the Town of Danby Town
B oard have reviewed all bids received , now , therefore be it
RESOLVED , that the Town of Danby Town Board award the contract for
furnishing a Structural Plate Box Culvert for the Town of Danby
H ighway Department to Capitol Highway Materials , Inc . , Route Six ,
B aldwin Place , New York 10505 for their low bid of $ 27 , 996 . 00 , and
be it further
RESOLVED , that the Town Clerk be instructed to write to T . G . Miller
P . C . and obtain the proper engineers signature on the plans before
the Town of Danby Highway Department proceeds with purchase of the
Structural Plate Box Culvert .
A roll call vote on the resolution resulted as follows :
H ile Aye
Marisa Aye
S chwartz Aye
O ltz Aye
Carried Unanimously
West Danby Fire District Conveyance of Property
RESOLUTION NO . 39 OF 1992
P UBLIC HEARING DATE
P ROPOSED CONVEYANCE OF WEST DANBY FIRE DISTRICT PROPERTY - Approved
By Supervisor Oltz : Seconded by Councilperson Marisa
RESOLVED , that the Town of Danby Town Board schedule a Public
H earing on Monday , June 22 , 1992 at 7 : 00 P . M . to hear all
interested persons regarding the Proposed Conveyance of Town of
D anby property to the West Danby Fire District , and be it further
RESOLVED , that a special meeting of the Town of Danby Town Board
will be held immediately following the public hearing .
A roll call vote on the resolution resulted as follows :
H ile Aye
Marisa Aye
Schwartz Aye
O ltz Aye Carried Unanimously
93
5 Town Board Meeting
June 8 , 1992
Planning Board Appointment
RESOLUTION NO . 40 OF 1992 - Approved
B LANNING BOARD APPOINTMENT
B y Councilperson Schwartz : Seconded by Councilperson Marisa
WHEREAS , the term of Arch Dotson , 248 Updike Road , Ithaca , New York
as a member of the Town of Danby Planning Board expires on June 30 ,
1992 , and
WHEREAS , Arch Dotson has expressed an interest to continue to serve
as a member of the Town of Danby Planning Board , now , therefore be
it
RESOLVED , that the Town of Danby town Board appoint Arch Dotson of
248 Updike Road , Ithaca , New York to the Town of Danby Planning
B oard , and be it further
RESOLVED , that the term of appointment is a seven ( 7 ) year term to
begin on July 1 , 1992 and expires June 30 , 1999 .
A roll call vote on the resolution resulted as follows :
H ile Aye
Marisa Aye
Schwartz Aye
O ltz Aye
Carried Unanimously
Appointment to the Board of Zoning Appeals
RESOLUTION NO . 41 OF 1992
APPOINTMENT TO THE BOARD OF ZONING APPEALS - Approved
B y Councilperson Schwartz : Seconded by Councilperson Hile
WHEREAS , the term of Edward Inman , 52 Bald Hill Road , Ithaca , New
York , 14850 on the Town of Danby Board of Zoning Appeals expires
on June 30 , 1992 , and
WHEREAS , Edward Inman has expressed an interest to continue on the
B oard of Zoning Appeals , now therefore be it
RESOLVED , that the Town of Danby Town Board appoint Edward Inman
of 52 Bald Hill Road , Ithaca , New York , 14850 to the Town of Danby
B oard of Zoning Appeals , and be it further
RESOLVED , that the term of appointment is a five ( 5 ) year term to
begin on July 1 , 1992 and expires on June 30 , 1997 .
A roll call vote on the resolution resulted as follows :
H ile Aye
Marisa Aye
Schwartz Aye
O ltz Aye
Carried Unanimously
Code Enforcement Officer Appointment
RESOLUTION NO . 42 OF 1992
APPOINTMENT OF CODE ENFORCEMENT OFFICER - Approved
By Councilperson Marisa : Seconded by Councilperson Marisa
WHEREAS , a Town of Danby Code Enforcement Officer was not appointed
for the fiscal year 1992 , and
WHEREAS , an interim Code Enforcement Officer was appointed on
January 13 , 1992 , and
WHEREAS , the Town of Danby duly advertized for applicants for the
Code Enforcement Officer position in the Ithaca Journal in March
1992 , and
9 4
6 Town Board Meeting
June 8 , 1992
WHEREAS , the Town Board interviewed eligible applicants for the
position of Code Enforcement Officer on May 27 , 1992 , now be it
RESOLVED , that the Town of Danby Town Board appoint Susan Beeners
of 20 Bald Hill Road , Ithaca , New York to the position of Code
Enforcement Officer for the fiscal year 1992 .
A vote on the resolution resulted as follows :
H ile Aye
Marisa Aye
Schwartz Aye
O ltz Aye
Carried Unanimously
Authorization to Remedy Unsafe Building
RESOLUTION NO . 43 OF 1992
AUTHORIZATION TO REMEDY UNSAFE BUILDING - Approved
B y Councilperson Marisa : Seconded by Councilperson Schwartz
WHEREAS , an unsafe building exists on the corner of East Miller
Road and Coddington Road in the Town of Danby on Danby Tax Parcel
# 6 . - 1 - 26 , and
WHEREAS , the property owner has failed to respond to Order to
Remedy Violations Order of March 27 , 1992 , now be it
RESOLVED , that the Town of Danby Town Board authorize the Town of
D anby Code Enforcement Officer to take appropriate measures to
✓ emedy the unsafe building located on the corner of East Miller and
Coddington Roads on Town of Danby Tax Parcel # 6 . - 1 - 26 that is in
✓ iolation of Section Part 1153 Sec . 1A and Part 1154 Section 1 of
the New York State Uniform Fire Prevention and Building Code .
A vote on the resolution resulted as follows :
H ile Aye
Marisa Aye
Schwartz Aye
O ltz Aye
Carried Unanimously
P roposed Filing of Abandonment of Roads
RESOLUTION NO . 44 OF 1992
P UBLIC HEARING DATE - Approved
PROPOSED FILING FOR ABANDONMENT OF ROADS - PUBLIC HEARING DATE : For
Consideration of Consenting to the Filing , by the Town of Danby
H ighway Superintendent , of Descriptions of Certain Highway Rights
of Way Deemed Abandoned pursuant to New York State Highway Law ,
Article 8 , Section 205 , Paragraph 1 .
B y Councilperson Marisa : Seconded by Councilperson Schwartz
RESOLVED , that the Town of Danby Town Board schedule Public
H earings on Monday , June 22 , 1992 to hear all interested persons
regarding the proposed abandonment of certain roads in the Town of
D anby , and be it further
RESOLVED , that the Town of Danby Town Board shall hold the Public
H earings on Monday June 22 , 1992 , at the Town of Danby Town Hall ,
1830 Danby Road , Ithaca , New York for Consideration of Consenting
to the Filing , by the Town of Danby Highway Superintendent , of
D escriptions of Certain Highway Rights of Way Deemed Abandoned
pursuant to New York State Highway Law Article 8 , Section 205 ,
P aragraph 1 , with the times of such Public Hearings and the
d escriptions of such highway rights of way as follows :
7 : 15 P . M . : Consideration of that portion of Eastman Hill Road
commencing 100 feet from the north edge of its intersection
with Heisey Road and running northward 2700 + / - feet to the
7 Town Board Meeting
June 8 , 1992
n orthern Town of Danby / Town of Caroline town line , such
highway right of way having a width of 50 + / - feet ;
7 : 20 P . M . : Consideration of that portion of Heisey Road
commencing 100 feet from the east edge of its intersection
w ith Eastman Hill Road and running eastward 1815 + / - feet to
the eastern Town of Danby / Town of Caroline town line , such
highway right of way having a width of 50 + / - feet ;
7 : 25 P . M . : Consideration of that portion of Tallow Hill Road ,
( portion also known as John Hill Road ) , here referred to as
" Section 1 " , commencing 1555 + / - feet north of the southern
Town of Danby / Town of Candor town line , and running northward
7136 + / - feet to its intersection with John Hill / Howland Road ,
such highway right of way having a width of 50 + / - feet ;
7 : 30 P . M . : Consideration of that portion of Tallow Hill Road ,
here referred to as " Section 2 " , located 4380 + / - feet north
of the southern Town of Danby / Town of Candor town line where
it intersects with " Section 1 " , and running eastward 1490 + / -
feet to the eastern Town of Danby / Town of Candor line , such
highway right of way having a width of 50 + / - feet ;
7 : 35 P . M . : Consideration of that portion of John Hill / Howland
Road ( also known as Reed Road ) , commencing at the west edge
o f its intersection with Tallow Hill Road ( a . k . a . John Hill
Road ) , and running easterly 1560 + / - feet to the eastern Town
of Danby / Town of Candor line , such highway right of way having
a width of 50 + / - feet .
7 : 40 P . M . : Consideration of " Old Road " commencing at its
intersection with Spencer Road ( N . Y . S . Route 34 / 96 ) 275 + / -
feet from the southern Town of Danby / Town of Spencer town
line , and running eastward 2250 + / - feet to its intersection
w ith Hill View ( also known as Center Schoolhouse ) Road , such
highway right of way having a width of 50 + / - feet .
and be it further
RESOLVED , that a special meeting of the Town of Danby Town Board
will be held immediately following said public hearings .
A roll call vote on the resolution resulted as follows :
H ile Aye
Marisa Aye
S chwartz Aye
O ltz Aye
Carried Unanimously
Community Council Request
Councilperson Marisa reported that Community Council has made a
request to the Town Board for a budget increase in the amount of
$ 1 , 316 . 00 to reflect additional County Youth Service Programs
funds . They would like to create a new position for an aide for
the Danby Summer Recreation Program .
Motion to Table Community Council Request :
A motion was made by Councilperson Marisa and seconded by
Councilperson Schwartz to table the Request from Community Council
under New Business on the Agenda until the July 13 , 1992 Town Board
Meeting .
A roll call vote on the motion resulted as follows :
H ile Aye
Marisa Aye
S chwartz Aye
O ltz Aye Carried Unanimously
I
96
8 Town Board Meeting
June 8 , 1992
Tompkins County Waste Management District
The following resolution was introduced by Councilperson Marisa for
consideration regarding the Tompkins County Waste Management
District Plan .
RESOLUTION NO . 45 OF 1992
TOWN OF DANBY RESPONSE TO THE CREATION OF A COUNTY -WIDE WASTE
MANAGEMENT DISTRICT
By Councilperson Marisa : Seconded by Councilperson Schwartz
WHEREAS , a plan to form a waste management district , a new taxing
entity in Tompkins County , is in the early stages of development ,
and
WHEREAS , it is the firm belief of the Town of Danby Town Board that
private enterprise would provide the most efficient and cost
effective method of waste disposal for the taxpayers of Tompkins
County , and
WHEREAS , possible private solutions to the county ' s solid waste
situation do not preclude charging property tax - exempt institutions
such as Cornell University and Ithaca College for waste disposal ,
and
WHEREAS , the Town of Danby Town Board is on record in opposition
to the flow control legislation recently passed by the county ,
THEREFORE , BE IT RESOLVED that the Town of Danby Town Board
recommends against the creation of a county - wide waste management
d istrict .
D iscussion followed : ''
Councilperson Schwartz said that he thinks this resolution reflects i
the opinions of many people we have talked to even though the
County Board will probably ignore it ( except for Frank Proto ) and
h e feels it is the duty of the Town Board to speak up .
Councilperson Hile agreed with Councilperson Schwartz .
Representative Proto asked for reasons why the Town Board was not
in support of the creation of a County Waste Management District .
Councilperson Marisa said that from what he has heard it is largely
a vote of no confidence in the current solid waste infrastructure .
He thinks the feeling is that private solutions are going to be
more efficient and better run with lower cost for the residents of
the County in the long run .
Councilperson Schwartz said he thinks the County has proven it is
supremely incapable of handling solid waste and why take on more
responsibility .
A roll call vote on the resolution resulted as follows :
H ile Aye
Marisa Aye
S chwartz Aye
O ltz Aye
Carried Unanimously
APPROVAL OF WARRANTS :
General Fund Warrant # 6 of 1992
A motion was made by Councilperson Marisa and seconded by
Councilperson Schwartz to approve the General Fund Warrant # 6 of
1992 in the amount of $ 4 , 873 . 47 .
97
9 Town Board Meeting
June 8 , 1992
Councilperson Marisa said he would like to note as part of the
record that the Town accounting is coming along very nicely .
A roll call vote on the motion resulted as follows :
H ile Aye
Marisa Aye
Schwartz Aye
O ltz Aye
Carried Unanimously
H ighway Fund Warrant # 6 of 1992
A motion was made by Councilperson Schwartz and seconded by
Councilperson Marisa to approve the Highway Fund Warrant # 6 of 1992
in the amount of $ 8 , 664 . 46 . The amount of $ 8 , 664 . 46 includes an
amount of $ 816 . 07 to be placed on the CHIPS Fund Warrant # 1 of
1992 .
A roll call vote on the motion resulted as follows :
H ile Aye
Marisa Aye
Schwartz Aye
O ltz Aye
Carried Unanimously
West Danby Water District Fund Warrant # 5 of 1992
A motion was made by Councilperson Hile and seconded by
Councilperson Marisa to approve the West Danby Water District Fund
Warrant # 5 of 1992 in the amount of $ 165 . 12 .
A roll call vote on the motion resulted as follows :
H ile Aye
Marisa Aye
Schwartz Aye
O ltz Aye
Carried Unanimously
Approval of Town Clerks May 1992 Report
A motion was made by Councilperson Marisa and seconded by
Councilperson Hile to approve the Town Clerk ' s May 1992 Report as
submitted .
A roll call vote on the motion resulted as follows :
H ile Aye
Marisa Aye
Schwartz Aye
O ltz Aye
Carried Unanimously
Approval of Supervisor ' s May 1992 Report
A motion was made by Councilperson Marisa and seconded by
Councilperson Hile to approve the May 1992 Supervisor ' s Report as
submitted .
A roll call vote on the motion resulted as follows :
H ile Aye
Marisa Aye
S chwartz Aye
O ltz Aye
Carried Unanimously
P rioritizing Tompkins County Services
Representative Proto asked the Town Board to prioritize services
provided by the County . The Fiscal Affairs Committee of Tompkins
98
10 Town Board Meeting
June 8 , 1992
County has put together a survey . The committee will send out 2500
survey forms in June 1992 to residents of Tompkins County .
Appointment to Landfill Neighborhood Protection _Committee
RESOLUTION NO . 46 OF 1992
APPOINTMENT TO THE LANDFILL NEIGHBORHOOD PROTECTION COMMITTEE -
Approved
B y Councilperson Schwartz : Seconded by Councilperson Marisa
RESOLVED , That the Town of Danby Town Board recommends the
appointment of Ric Dietrich , 100 South Danby Road , Wiliseyville ,
N ew York 13864 to serve on the Tompkins County Landfill
N eighborhood Protection Committee .
A roll call vote on the resolution resulted as follows :
H ile Aye
Marisa Aye
Schwartz Aye
O ltz Aye
Carried Unanimously
ADJOURNED :
On a motion the meeting adjourned at 10 : 25 P . M .
£Lrflci< JS5fitaa,n44:
Carol W . Sczepanski , Town Clerk