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HomeMy WebLinkAbout1993-09-13 233 TOWN OF DANBY TOWN BOARD MINUTES Regular Meeting 8 : 00 P . M . September 13 , 1993 PRESENT : S upervisor Oltz Council Members : Marisa , Hile , Miller ( Schwartz arrived 9 : 15 P . M . ) Others Present : Town Clerk - Carol Sczepanski Code Enforcement Officer - Susan Beeners County Representative - Frank Proto H ighway Superintendent - Bill Hall P lanning Board Chair - Nancy Weitzel Members of the Public : Raymond Mayo , Nancy Zahler , Roy Casterline , Mary Casterline , Dave P ochily , Nancy Blacken , Chuck White , William Winters , Judy Tagliavento , Rosa Lee Johnson , Jeff Stimpson S upervisor Mary 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 Town Board Minutes - July 12 , July 19 , and August 9 , 1993 A motion was made by Councilperson Hile and seconded by Supervisor O ltz to approve the July 12 , July 19 , and August 9 , 1993 Town Board Minutes as published . A roll call vote on the motion resulted as follows : H ile Aye Marisa Aye Miller Aye O ltz Aye Carried Unanimously ADDITIONS TO AGENDA : Supervisor Oltz requested the following additions to the Agenda : 1 ) Under New Business - Transfer of Highway Funds - Resolution No . 40 2 ) Consideration of the Snow and Ice Agreement between the Town of Danby and Tompkins County County Representative Report : County Representative Frank Proto reported on the following : 1 ) SEQR Determination for the Baling Station and Recycling Center . ( Negative Determination made by the Board of Representatives ) 2 ) Tompkins County Snow and Ice Removal Agreements - - rates to municipalities have been raised . 3 ) Cable Television Rates - Tompkins County is forming a Community Cable Review Commission to help the nine townships and the City of Ithaca negotiate franchise agreements . 4 ) New Airport Facility - - The project is on schedule and will open early in 1994 . 5 ) Advisory Board of Tourists - in process of reviewing three contract agencies : Chamber of Commerce / Convention Business Bureau , Finger Lakes Association and Community Arts Partnership . 6 ) Assigned Council Program - Program budget is $ 650 , 000 for 1994 . 7 ) Solid Waste - - B & A Committee have reviewed the fee structure for solid waste disposal . Three ( 3 ) options have been presented by the County of how to raise six and one half 23 '/ 2 Town Board Minutes September 13 , 1993 million dollars ( $ 6 , 500 , 000 . 00 ) for 1994 solid waste expenses . D iscussion followed regarding the number of engineers and employees in the solid waste department . Representative Proto answered questions from the public and Board regarding the for solid waste and cost for staff . S upervisor Oltz reported that at the July 1993 Town Board Meeting J oel Gagnon reported that the West Danby Cemetery had not been mowed this summer . She said the Town has contracted with Shari Rhodes to mow the cemeteries and they have been mowed . P rivilege of the Floor : William Winters - 328 Durfee Hill Road - asked if the Town received monies from the State for roads and if so how the money was spent . S upervisor Oltz responded that the Town receives CHIPS funds and it is spent only for road repair . Charles White - 325 Durfee Hill Road - concerned with the amount of gravel used for the surface on his road . H ighway Superintendent Bill Hall said that crusher run was used on D urfee Hill and is for the road base . N ancy Blacken - 236 Durfee Hill Road - is not satisfied with the condition of the road . She asked why she was not consulted before t he surface was torn up on her road . The gravel surface creates d ust and feels it lowers her property value . Councilperson Hile responded that he was a past Highway Superintendent in the Town of Danby and also lives on a dirt surfaced road . Highway departments do not consult residents with w hat they are going to do to a road . He stated that he went on a ✓ oad tour with the Highway Superintendent two ( 2 ) weeks ago and found the roads in good shape . D ave Pochily - 236 Durfee Hill Road - reported that he has vehicle d amage due to the stones from the road . He said that the condition o f the road has upset their life style and want a better surface . H ighway Superintendent Hall reported that if the Town were to pave o ver a road without a proper base and drainage it would create more serious problems . Councilperson Miller stated She drove up Durfee Hill Road on Tuesday , August 10 , 1993 and did not see boulders , huge chunks and t he pavement scraped over that was reported at the August 9 , 1993 meeting . H ighway Superintendent Hall said that on Tuesday , July 13 , 1993 the Town rolled Durfee Hill Road . He reported that the road is built o n shale and can be surfaced next year if the drainage and the base h old up over the winter . S upervisor Oltz said that the Town Board is listening and will be soon working on the 1994 budget . Raymond Mayo - 335 Ridgecrest Road - asked how the Town can allow a d rug treatment center . Mr . Mayo referred to an article that was published in the Ithaca Journal about a dance studio , retreat center , and drug rehabilitation facility and asked why a public h earing was not required for additional activities . D iscussion followed : Council person Miller suggested that the matter be referred to the P lanning Board . 23a 3 Town Board Minutes September 13 , 1993 Code Enforcement Officer Susan Beeners said that she has looked into the matter and the operation was a grandfathered use . The owners were notified that under our new ordinance further expansion would require a review by the Planning Board . Rosa Lee Johnson - 580 East Miller Road - Reported to the Board t hat she hopes the Town budget for the Highway Department includes adequate funds for our roads that are in poor condition . ( She referred to a section on East Miller Road near her residence . ) Recently the Town Board made two ( 2 ) appointments to the Planning B oard . She said she has attended many meetings of the Planning B oard and the Town Board over the past two ( 2 ) years and suggested t he Board develop a formulated plan for appointments to the P lanning Board and other committees to make a fair choice so that applicants do not feel they are treated unfairly . COMMUNICATIONS : 1 ) Resignation letter from Dan Decker from the Environmental Management Council . 2 ) Certificate from NYS Archives and Records Administration Local Government Records Service to Town Clerk ( SARA ) for completion of Physical Inventory course . OTHER REPORTS : Community Council Report - August 1993 received . Zoning - Susan Beeners reported that she has completed the research related to zoning matters requested by the Town Board . The information has been forwarded to the Town Attorney for review . Dog Control - July and August 1993 reports received . P lanning Board - Nancy Weitzel reported that the Planning Board h eld the following meetings in August 1993 : 1 ) Three ( 3 ) public hearings on August 5 : 1 ) Wilbur - request for a special permit for a grading shed ; 2 ) Hovanec - request to place a doublewide ; 3 ) Angelheart Designs request for special permit for renovations 2 ) Planning Board regular meeting on August 18 , 1993 3 ) Public hearing August 30 , 1993 - Request for special permit from Community Council to use a building on Troy Road for Danby youth programs . OLD BUSINESS : West Danby Ball Park Supervisor Oltz reported that she has not received any new information from West Danby residents interested in coordinating use of the ball park . The Town Board agreed to let the West Danby Ball Park Lease Agreement terminate with no action to purchase . Old Cupboard ( Wardrobe ) B uilding Custodian Edw . Roberts reported that the Town Hall needs more space and would like to sell or give away the old cupboard t hat is stored in the Town Hall . NEW BUSINESS : TOWN OF DANBY RESOLUTION NO . 36 TOWN OF DANBY INVESTMENT POLICY By Councilperson Marisa : Seconded by Councilperson Hile WHEREAS , Section 39 of the General Municipal Law was enacted because of the inherent risk of potential loss associated with the investment of idle moneys , and 23u 4 Town Board Minutes September 13 , 1993 WHEREAS , a written investment policy is needed to guide Town of Danby officials who are authorized to deposit and invest Town moneys and such a policy is required by Section 39 of the General Municipal Law which became effective November 28 , 1992 , and WHEREAS , a written investment policy has been drawn up and presented to the Town of Danby Town Board for their approval , now therefore be it RESOLVED , that this investment policy be adopted by the Danby town Board as the Investment Policy for the Town of Danby . 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 NO . 37 - 1993 TOWN OF DANBY THIRD PARTY CUSTODY AGREEMENT By Councilperson Miller : Seconded by Councilperson Schwartz WHEREAS , Effective November 28 , 1992 , Section 10 of the General Municipal Law required that all Town deposits and investments in e xcess of federal deposit insurance coverage be secured by a pledge o f collateral or an eligible letter of credit or surety bond , and WHEREAS , a three party custody agreement has been drawn up which meets the requirements of Section 10 of the General Municipal Law and presented to the Danby Town Board for their approval , now therefore be it RESOLVED , that the Town of Danby Town Board authorizes the Town Supervisor to execute this agreement with the Tompkins County Trust Company and the First Chicago Trust Company of New York . 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 NO 38 OF 1993 E STABLISHMENT OF TOWN OF DANBY YOUTH COMMISSION B y Councilperson Miller : Seconded by Councilperson Schwartz WHEREAS , The Town of Danby ' s growing youth population has created a strong demand for more youth services , and as the Town continues to grow , the demand for and the complexity of providing youth services will continue to accelerate , and WHEREAS , the complexity of youth services is growing beyond the capacity of the Town Board to plan and coordinate , and WHEREAS , Article 13 of New York State General Municipal Law e mpowers a municipality to vest a youth commission with the authority to establish and maintain youth development and ✓ ecreation programs , services and facilities , now therefore be it RESOLVED , That the Town of Danby establish a Youth Commission to consist of seven ( 7 ) appointees from the Town of Danby to serve staggered three year terms to recommend how youth services and ✓ ecreation should be planned , provided , coordinated , and financed , and be it further 2 3 1' 5 Town Board Minutes September 13 , 1993 RESOLVED , That said members shall : a ) recommend a set of operating guidelines ; b ) gather data and evaluate existing programs and needs , specifying particular problem areas and goals ; c ) determine public opinion regarding program needs or possible changes ; d ) explore a variety of sources for funding for program needs ; e ) review youth programs requesting town support , f ) recommend and oversee effective youth programs to meet local priorities . and be it further RESOLVED , The Youth Commission shall submit a written report of all activities to the Danby Town Board on a monthly basis . 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 NO . 39 OF 1993 APPOINTMENT TO TOWN OF DANBY PLANNING BOARD B y Councilperson Marisa : Seconded by Councilperson Hile WHEREAS , Paul Viscuso has resigned from the Town of Danby Planning B oard , and WHEREAS , Eloise Greene of 100 Michigan Hollow Road , Spencer , New York has expressed an interest in serving on the Planning Board , n ow be it RESOLVED , that the Town of Danby Town Board appoints Eloise Greene o f 100 Michigan Hollow Road , Spencer , New York to the Town of Danby P lanning Board , and be it further RESOLVED , that the term of appointment is to begin immediately and w ill expire on June 30 , 1995 . 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 NO . 40 OF 1993 TRANSFER OF FUNDS - APPROVAL B y Councilperson Miller : Seconded by Councilperson Hile WHEREAS , the Highway Superintendent has reported that he is low on funds in the General Repair Account DA5110 . 4 , and WHEREAS , there is an unexpended balance in Bridges Account No . DA5120 . 4 in the amount of $ 5 , 712 . 00 , now be it RESOLVED , that the Town Board of the Town of Danby transfer the u nexpended balance of Bridges Account No . DA5120 . 4 in the amount o f $ 5 , 712 . 00 to the General Repair Account DA5110 . 4 . 6 Town Board Minutes September 13 , 1993 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 Tompkins County Snow and Ice Removal Agreement S upervisor Oltz has received the Tompkins County Snow and Ice Removal Contract for 1993 - 94 season . The payment for 1993 - 94 of $ 9 , 283 . 79 ( $ 520 . 10 per mile ) has been increased 13 . 9 % , which reflects the billing to New York State for the 1992 - 1993 season and t he March 1993 blizzard . Supervisor Oltz asked for approval from t he Town Board to sign the agreement . D iscussion followed : Councilperson Miller is concerned that the Town taxpayers are paying money out to support the County . Before the agreement is signed she would like to consult with other Towns . H ighway Superintendent Hall will calculate the number of miles of road and the cost per mile to report back to the Board . APPROVAL OF WARRANTS Approval of General Fund Warrant No . 9 of 1993 A motion was made by Councilperson Marisa and seconded by Councilperson Miller to approve the General Fund Warrant No . 9 of 1993 voucher numbers 304 - 345 in the amount of $ 4 , 158 . 40 . A roll call vote on the motion resulted as follows : Hile Aye Marisa Aye Miller Aye Schwartz ' Aye Oltz Aye Carried Unanimously Approval of West Danby Water District Fund Warrant No . 9 of 1993 A motion was made by Councilperson Schwartz and seconded by Councilperson Marisa to approve the West Danby Water District Fund Warrant No . 9 of. 1993 voucher numbers 36 - 39 in the amount of $ 755 . 83 . 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 Highway Fund Warrant No . 9 of 1993 A motion was made by Councilperson Miller and seconded by Councilperson Schwartz to approve the Highway Fund Warrant No . 9 of 1993 voucher numbers 115 - 128 in the amount of $ 15 , 850 . 91 . A roll call vote on the motion resulted as follows : H ile Aye Marisa Aye Miller Aye S chwartz Aye Oltz Aye Carried Unanimously 239 7 Town Board Minutes September 13 , 1993 Approval of Town Supervisor ' s July and August 1993 Reports A motion was made by Councilperson Marisa and seconded by Councilperson Hile to approve the Town Supervisor ' s July and August 1993 reports as submitted . A vote on the motion resulted as follows : H ile Aye Marisa Aye Miller Aye Schwartz Aye O ltz Aye Carried Unanimously Approval of Town Clerk ' s August 1993 Report A motion was made by Councilperson Marisa and seconded by Councilperson Miller to approve the Town Clerk ' s August 1993 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 ADJOURNMENT : On a motion the meeting adjourned at 10 : 03 P . M . atilehg kg Q,�G�-f�c Carol W . Sczepar , Town Clerk