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HomeMy WebLinkAbout1992-07-13 11. 1 1 Town Board Minutes July 13 , 1992 TOWN OF DANBY TOWN BOARD MINUTES Regular Meeting 8 : 00 P . M . July 13 , 1992 PRESENT : Supervisor Oltz Councilpersons : Hile , Marisa , Schwartz ABSENT : Councilperson Miller ( Excused ) O thers Present : Town Clerk - Carol Sczepanski Code Enforcement Officer - Susan Beeners P lanning Board Chair - Nancy Weitzel H ighway Superintendent - William Hall Members of the Public : J oanne Koval , Wanda Grunberg , John C . Koval , Mary Casterline , Roy Casterline , Mikki Parsons , Ray Axtell , Pat Button , Mary Lou Hardesty , Carol Benjamin P LEDGE OF ALLEGIANCE : Supervisor Oltz called the meeting to order at 8 : 05 P . M . and led all present to the Pledge of Allegiance to the American flag . Approval of June 8 , 1992 Town Board Minutes : A motion was made by Councilperson Marisa and seconded by Councilperson Hile to approve the June 8 , 1992 Town Board Minutes as published . A roll call vote on the motion resulted as follows : H ile Aye Marisa Aye S chwartz Aye O ltz Aye Carried Unanimously County Representatives Report : Representative Proto was unable to attend the Board Meeting . In his absence the Town Clerk read the following report . 1 ) County Wide Recycling - Tompkins County is considering the institution of a Mandatory County Wide Recycling Program . 2 ) County Committee Advisory Boards - There will be discussion at the Board Meeting about the Relationship of Advisory Boards with respect to the Board of Representatives Committee to which they report . 3 ) Landfill Neighborhood Protection Committee - Town of Danby ' s recommendation of Ric Dietrich to the Landfill Neighborhood Protection Committee was approved by the B & A Committee . 4 ) Environmental Management Committee - Herb Engman was appointed to the EMC as an at - large member . 5 ) Old Tompkins County Jail Building - A report will be made as to what offices will be housed in the renovated old county jail building . 6 ) Rabies and Nuisance Wildlife - The County needs a written response regarding the County involvement of each township for Rabies and Nuisance Wildlife control . 112 2 Town Board Minutes July 13 , 1992 COMMUNICATIONS : 1 ) The following petition was received on July 10 , 1992 . The petition was signed by twenty - three ( 23 ) West Danby Residents . TO THE DANBY TOWN BOARD The property formerly known as the Grange lot , and later belonging to Mr . Tom Campell , has at last been changed into an attractive piece of lawn , to the satisfaction of , we , the residents of West Danby . We understand Mr . Mooney has made a fair offer to add the lot to his lawn . An offer of $ 1 , 500 . 00 . He was turned down . It seems this small lot has a lien of $ 6 , 000 . 00 against it , plus unpaid taxes for 1989 thru 1992 . A total of approximately $ 7 , 000 . 00 . Bordered on the north by a creek , on the east by Valley View Road and on the south by Maple Street . Owned by the Town road department , well into the lot from the center of the road , makes it worthless for sewage or building . We fail to see why Mr . Mooneys offer wouldn ' t be of more advantages to everyone , to have it back on the tax rolls . It will surely be a dead horse at $ 7 , 000 . 00 . We recognize the back taxes time issue . We simply wish it known that an agreement with Mr . Moody should be recognized , and acted on first , Our opinion of course . Discussion followed . Sgpery csor t� Couacilpersoil Oltz said that the Town has nothing to do with properties turned over to the County for tax sales . She believes that this property will be put on the Tompkins County Tax Sale list in 1993 . Councilperson Marisa gave a brief history of why the Town placed a tax lien on the property for the demolition and excavation of the lot . 2 ) Planning Board Minutes of June 17 , 1992 and Planning Board Public Hearing Minutes of June 17 , 1992 . O ther Reports : Senior Citizens E d Roberts reported that the seniors have : 1 ) had a couple of picnic meetings this summer ; 2 ) will not be holding a bake sale at the Danby Fair this year but donations were collected for the D anby Emergency Squad ; 3 ) will be taking a trip to Auburn in August . The seniors are still discussing the need for senior h ousing in Danby . Code Enforcement Officer Report : Code Enforcement Officer Susan Beeners reported that in addition to her monthly report she has issued one building permit for a g arage . The deadlines from contractors for estimates to demolish an unsafe building is July 16 , 1992 . It may be August before the Town will receive authorization to proceed from the Town Attorney . P lanning Board Report : Planning Board Chair Nancy Weitzel reported that the Planning Board approved the following : 1 ) Becker Proposal - - for subdivision and a special permit to locate a doublewide mobile home on the new lot located on South Danby Road . iJO . 3 Town Board Minutes July 13 , 1992 2 ) Malone Proposal - - for subdivision and a special permit to locate a doublewide mobile home on the new lot located on Troy Road . B uilding Custodian Report : Town Hall Carpet Edward M . Roberts reported that last year he received quotes for replacing the carpet in the Town Justice Office , Town Clerk ' s O ffice and the upstairs hallway . The price was approximately $ 1 , 500 . 00 . He believes the cost to have carpet installed in the Justice and Clerk ' s office would be approximately $ 1 , 000 . 00 as the h allway carpet was replaced in 1991 . Cable Franchise Update : Supervisor Oltz reported that the Town and American Community Cablevision ( ACC ) have come to an understanding but we do not have a signed agreement at this time . O LD BUSINESS : RESOLUTION NO . 47 of 1992 CONVEYANCE BY THE TOWN OF DANBY TO THE DANBY FIRE DISTRICT OF CERTAIN REAL PROPERTY ACQUIRED FOR USE BY THE WEST DANBY WATER D ISTRICT B y Councilperson Marisa : Seconded by Councilperson Schwartz WHEREAS , the Town of Danby acquired certain real property by deed d ated September 13 , 1968 and recorded September 27 , 1968 in the Tompkins County Clerk ' s Office in Liber 477 of Deeds at Page 998 , which property is described in more particular detail on Schedule A which will be revised to include a description of the right of way . Schedule A is annexed hereto and made a part hereof ( the " Property " ) ; and WHEREAS , the Property was acquired in accordance with the terms of Town Board Resolution No . 12 of October 5 , 1967 , and Town Board Resolution No . 5 , of April 8 , 1968 ; and WHEREAS , the Town of Danby acquired the Property on behalf of the West Danby Water District , for use by the West Danby Water District in connection with the establishment and operation of its water d istribution facilities ; and WHEREAS , the acquisition of the Property by the Town was for a proprietary use by the Town and not for a public use , and therefore the Town ' s acquisition of the Property did not create a public trust on the Property that may have made the Property inalienable in the absence of State legislative authority to the contrary ; and WHEREAS , the West Danby Water District and the Town have both determined that the Property is not necessary for the purposes for which Property was acquired by the Town ; and WHEREAS , the Town desires to sell , transfer and convey the P roperty ; and WHEREAS , the Danby Fire District has expressed an interest in acquiring the Property from the Town ; and WHEREAS , the Town has obtained an appraisal of the Property prepared by a licensed real estate appraiser with experience in appraisal of properties such as the Property in the Tompkins County area ; and WHEREAS , said appraisal has determined that the value of the P roperty currently is Seven Thousand and 00 / 100 ( $ 7 , 000 . 00 ) D ollars ; and l k i1- tY 4 Town Board Minutes July 13 , 1992 WHEREAS , the Danby Fire District is willing to pay as consideration for the Property the amount of Seven Thousand and 00 / 100 ( $ 7 , 000 . 00 ) , and WHEREAS , the Town Board has duly conducted a public hearing on the matter of the conveyance by the Town of the Property to the Danby Fire District , and no substantial objections to such conveyance � . were presented during said public hearing ; and WHEREAS , in accordance with the provisions of Section 64 ( 2 ) of the Town Law of the State of New York , the Town may convey real property such as the Property following adoption of a resolution in favor of the conveyance , which resolution shall be subject to a permissive referendum . NOW , THEREFORE , be it enacted by the Town Board of the Town of D anby as follows : The Town shall sell , transfer and convey all of the Town ' s right , title and interest in and to the Property to the Danby Fire D istrict for the consideration of Seven Thousand and 00 / 100 ( $ 7 , 000 . 00 ) Dollars , and the closing of this conveyance shall take place at such time and place as is mutually convenient to both parties , and further , the Town Supervisor shall have , and is hereby g ranted , all power and authority necessary to execute and deliver all such documentation as may be necessary or appropriate to effect such conveyance , and further , this resolution shall be subject to permissive referendum , in accordance with the provisions of Sections 90 and 91 of the Town Law , and further , this resolution is adopted by the Town board in accordance with the terms of Section 64 ( 2 ) of the Town Law , and further , conditions on the Town of Danby obtaining any release or approval that may be necessary from the holder of the bonds that was issued to finance the Town acquisition of the Property , and further , subject to the Town Attorney ' s review and revision of the legal description of the Property , and further , subject to the legal description of the right of way to conform with the existing right of way . A roll call vote on the resolution resulted as follows : Rile Aye Marisa Aye Schwartz Aye Oltz Aye Carried Unanimously RESOLUTION NO . 48 OF 1992 PUBLIC HEARING TO CONSIDER ENACTMENT OF A PROPOSED LOCAL LAW AMENDING THE ZONING ORDINANCE REGARDING THE BOARD OF APPEALS 1 By Councilperson Marisa : Seconded by Councilperson Schwartz WHEREAS , this action is the Consideration of Scheduling Further Review including Setting a Date for Public Hearing to consider e nacting a proposed " Local Law Amending the Zoning Ordinance Regarding the Board of Appeals " , and WHEREAS , the consideration of enactment of said proposed Local Law is an Unlisted Action for which the Town of Danby Town board has been legislatively determined to act as Lead Agency in e nvironmental review , pursuant to Local Law No . 2 of 1991 , //,//9 Town Board Minutes Annex : to Resolution # 47 West Danby Water District Conveyance of Land SCHEDULE ALL TI-IAT TRACT OR PARCEL OF LAND situate , lying and being in the Town of Danby , Tompkins County , Ncw York and bounded and dcscribcd as follows : BEGINNING at a point in Ow southerly line of a strip of land , which strip is a portion of the parcel deeded to the 'Town of Danby by deed recorded in the Tompkins County Clerk ' s Office at Libcr 477 of Deeds , Page 998 , within which strip lies an existing gravel road bed , which road bed is also known as Sylvan Road , and which point lies the following courses and distances from a point in the centerline of Ncw York State Routes 34 & 96 , which point lies 425 feet , more or less northerly of the south line of Lot 4 : South 87 ° 28 ' West 136 feel to a point marked by an iron pipe ; thence North 59 ° 06 ' West 271 . 5 feel to a point marked by an iron pipe ; thcncc South 81 ° 46 ' West 815 . 0 feet to a point marked by an iron pin ; thcncc South 08 ° 52 ' West 26 feet to a point marked by an iron pin ; which is the point or place of beginning ; thcncc South 08 ° 52 ' West , a distance of 465 . 4 feet , passing through a point marked by an iron pin at a distance of 225 . 4 feet , to a point marked by a pin , which point is the southeasterly corner of the herein dcscribcd premises ; thcncc North 81 ° 08 ' West , a distance of 370 . 0 feet to a point marked by an iron pipe , which point is the southwesterly corner of the herein dcscribcd premises ; thcncc North 08 ° 52 ' Last , a distance of 351 . 6 feet to a point marked by an iron pipe , which point is the northwesterly corner of the hcrcin dcscribcd premises ; thcncc North 81 ° 46 ' East , a distance of 387 . I fcct to the point or place of beginning . The herein described parcel is identified as the " Parcel To 13c Conveyed For Proposed Ncw Fire Station By Town of Darby , P/ O Dccds Book 477 , Page 998 , NO Tax Parcel 18 - I - 17 . I , Area Equals 3 . 47 Acres , " on that certain survey map entitled " Portion of Lands of Town of Darby , Town of Danby , 'Tompkins County , N . Y . , " dated September 26 , 1991 , prepared by T. G . Miller , P . C . , Engineers & Surveyors . 115 5 Town Board Minutes July 13 , 1992 " Providing for Environmental Review of Actions in the Town of D anby " , and WHEREAS , coordinated environmental review of said proposed Local L aw has included the Town of Danby Planning Board and the Tompkins County Planning Department as potentially - involved agencies in e nvironmental review , and WHEREAS , the Town of Danby Planning board , following a Public Hearing on said proposed Local Law on July 6 , 1992 , by unanimous ✓ esolution recommended that a negative determination of e nvironmental significance be made for said proposed Local Law , and ✓ ecommended that the proposed draft of said Local Law presently under review be approved by the Town Board , and WHEREAS , the Tompkins County Planning Department was sent the proposed draft Local Law and the accompanying Environmental Assessment Form and draft environmental review prepared by the Town Code Enforcement Officer on June 26 , 1992 , and has reported to the Code Enforcement Officer that a finding of no significant impact ✓ elated to the environment and related to county interests pursuant to General Municipal Law Section 239 - m pertaining to said draft L ocal Law is presently being transmitted to the town ; now be it RESOLVED , that the Town of Danby Town Board reaffirms that the Town B oard is acting as Lead Agency in the review of this Unlisted Action , subject to final concurrence by the Tompkins County Planning Department , and be it further RESOLVED , that the Town of Danby Town Board shall hold a Public H earing to Consider Enactment of a proposed " Local Law Amending the Zoning Ordinance Regarding the Board of Appeals at 7 : 45 P . M . , on the 10th day of August , 1992 , at the Town of Danby Town Hall , 1830 Danby Road , Ithaca , New York . A roll call vote on the resolution resulted as follows : H ile Aye Marisa Aye S chwartz Aye O ltz Aye Carried Unanimously RESOLUTION NO . 49 OF 1992 AWARD OF BID - HEAVY DUTY DUMP TRUCK SNOW PLOW COMBINATION AND WING By Councilperson Hile : Seconded by Councilperson Schwartz WHEREAS , the Town of Danby advertised for a New Heavy Dump Truck Snow Plow Combination and Wing for the Town of Danby Highway Department on June 23 , 1992 , and WHEREAS , bids were received and publicly opened by the Town of Danby Town Board on Wednesday , July 8 , 1992 at 7 : 30 P . M . , now be it RESOLVED , that the Town of Danby Town Board award the bid to furnish one ( 1 ) New Heavy Duty Dump Truck Snow Plow Combination and Wing to Burr Truck & Trailer Sales , Inc . , 3001 Vestal Road , Vestal , New York 13850 for their low bid of $ 83 , 700 . 00 as submitted , and be it further RESOLVED , that the Town Board authorize the Town Supervisor to seek bonding . Discussion followed : Councilperson Marisa said that if bonding were over a ten ( 10 ) year period , payment could result in approximately a two ( 2 ) per cent increase in the Town tax rate . Mit 116 6 Town Board Minutes July 13 , 1992 Councilperson Schwartz stated for the public , that this truck replaces a very old worn out 1967 truck that needs frequent costly repairs . The Town received five ( 5 ) bids and the one from Burr Truck & Trailer Sales , Inc . was the lowest bid received . Councilperson Marisa said that he thinks that replacing some of this old equipment with new equipment is the right direction for the Town to take rather than trying to continue to patch old Ilh IIP things . We are going to have to do more replacement . A roll call vote on the resolution resulted as follows : H ile Aye Marisa Aye Schwartz Aye O ltz Aye Carried Unanimously Appointment of Office Assistant to Code Enforcement Officer and Town Supervisor : Supervisor Oltz reported that the position of Office Assistant to Code Enforcement Officer and Town Supervisor vacancy was created by the resignation of Theresa 0 " Connor and the position is for approximately thirteen ( 13 ) hours per week . RESOLUTION No . 50 of 1992 APPOINTMENT OF OFFICE ASSISTANT TO CODE ENFORCEMENT OFFICER AND TOWN SUPERVISOR B y Councilperson Marisa : Seconded by Councilperson Hile WHEREAS , the Town of Danby advertised for and received resumes for an Office Assistant to the Code Enforcement Officer and the Town Supervisor , and WHEREAS , the Town Supervisor and Code Enforcement interviewed the applicants on Thursday , July 9 , 1992 , now be it RESOLVED , that the Town of Danby Town Board hire Donna Inman as O ffice Assistant to the Code Enforcement Officer and the Town of D anby Town Supervisor . A roll call vote on the resolution resulted as follows : H ile Aye Marisa Aye Schwartz Aye O ltz Aye Carried Unanimously RESOLUTION NO . 51 OF 1992 APPOINTMENT TO INTER - MUNICIPAL RECREATION COMMITTEE B y Councilperson Marisa : Seconded by Councilperson Schwartz WHEREAS , the Ithaca Youth bureau has created a committee entitled " Inter - municipal Recreation Committee " , and WHEREAS , the Ithaca Youth Bureau has requested a representative from the Town of Danby , now be it RESOLVED , that the Town of Danby Town Board recommends the appointment of Cindie Day , 1796 Danby Road , Ithaca , New York to serve on the Inter - Municipal Recreation Committee . A roll call vote on the resolution resulted as follows : H ile Aye Marisa Aye Schwartz Aye O ltz Aye Carried Unanimously 117 7 Town Board Minutes July 13 , 1992 Approval of Warrants : General Fund Warrant No . 7 of 1992 A motion was made by Councilperson Marisa and seconded by Councilperson Hile to approve the General Fund Warrant No . 7 of 1992 in the amount of $ 8 , 221 . 54 . A roll call vote on the motion resulted as follows : H ile Aye Marisa Aye Schwartz Aye O ltz Aye Carried Unanimously Highway Fund Warrant No . 7 of 1992 A motion was made by Councilperson Hile and seconded by Councilperson Schwartz to approve the Highway Fund Warrant No 7 of 1992 in the amount of $ 17 , 868 . 25 . A roll call vote on the motion resulted as follows : H ile Aye Marisa Aye Schwartz Aye O ltz Aye Carried Unanimously H ighway CHIPS Fund Warrant No . 2 of 1992 A motion was made by Councilperson Hile and seconded by Councilperson Schwartz to approve the Highway CHIPS Fund Warrant N o . 2 of 1992 in the amount of $ 3 , 817 . 90 . 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 No 6 of 1992 A motion was made by Councilperson Marisa and seconded by Councilperson Schwartz to approve the West Danby Water District Fund Warrant No . 6 of 1992 in the amount of $ 542 . 70 . A roll call vote on the motion resulted as follows : H ile Aye Marisa Aye S chwartz Aye O ltz Aye Carried Unanimously Approval of Town Clerk ' s June 1992 Report A motion was made by Councilperson Marisa and seconded by Councilperson Hile to approve the Town Clerk ' s June 1992 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 Supervisor ' s June 1992 Report The Town Board received the first Supervisor ' s Report from the new accounting system . L10 8 Town Board Minutes July 13 , 1992 Motion to postpone approval of June 1992 Supervisor ' s Report : A motion was made by Councilperson Marisa and seconded by Councilperson Hile to postpone the approval of the Town Supervisor ' s June 1992 report until the Board has a chance to review the new format of the report . A roll call vote on the motion resulted as follows : H ile Aye Marisa Aye S chwartz Aye O ltz Aye Carried Unanimously ADJOURNMENT A motion was made by Councilperson Schwartz and seconded by Councilperson Hile to adjourn the meeting at 8 : 45 P . M . Carried Unanimously Catelaj Carol W . Scz s iskii ,� Clerk