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HomeMy WebLinkAbout1994-08-08 36 () TOWN OF DANBY TOWN BOARD MINUTES Regular Meeting 8 : 00 P . M . August 8 , 1994 PRESENT : Supervisor Mary Oltz Councilpersons : Roger Hile , Joseph Schwartz , Howard Steiner , Rosa Lee Johnson Others Present : County Representative - Frank Proto , Town Clerk - Carol Sczepanski Members of the Public : Chuck White , Karen Smith , Pam Solomon , Sharon & Jack Ozmun , Joel G agnon , Nancy Weitzel , Roy Casterline , Mary Lou Hardesty S upervisor Oltz called the meeting to order at 8 : 05 P . M . and led all present in the Pledge of Allegiance to the American Flag . APPROVAL OF TOWN BOARD MINUTES : June 13 , 1994 , July 11 & 13 , 1994 Correction of Town Board Minutes : July 13 , 1994 Councilperson Steiner asked that the July 13 , 1994 Town Board Minutes be amended as follows : Under Laurenson Proposal Discussion add the following : Councilperson Steiner asked that some modification be made to the Danby Zoning Ordinance to provide some type of a criteria that can be used to determine whether owner occupancy is or is not required in order that it not seem that it is just arbitrary . N o Board Member objected . A motion was made by Councilperson Schwartz and seconded by Councilperson Hile to approve the Town Board Minutes of June 13 , July 11 , 1994 , the July 13 Public Hearing Minutes as published and the July 13 , 1994 Town Board Minutes as amended . Carried Unanimously Privilege of the Floor : Councilperson Steiner asked Representative Proto to explain the Tompkins County Quarterly Sales Tax Summary for the second quarter of 1994 . Representative Proto explained that Tompkins County receives 1 - 1 / 2 per cent of sales tax collected . The amount distributed to each municipality is based on per capita population and is credited to the residents portion of County property taxes . Supervisor Oltz reported that the Durfee Hill Project has been completed . County Representative Report Representative Proto reported on the following : 1 ) Tompkins County Sheriff ' s Budget - Sheriff ' s budget is overdrawn due to boarding out of inmates and overtime hours . 2 ) Water Quality Steering Committee - A group has been reviewing is the water quality strategy of the water sheds for the City of Ithaca , Cornell and Bolton Point . 3 ) Snow and Ice Budget - a 38 % increase for the 1994 - 95 season is proposed . 4 ) Budget Reorganization Advisory Committee ( BRAC ) held a presentation in Danby on July 28 , 1994 . 5 ) Ethics Committee - the existing Tompkins County Ethics Committee will be dissolved and new members will be appointed . 361 2 Town Board Minutes August 8 , 1994 6 ) Tompkins Cortland Community College ( TC - 3 ) - N . Y . A . has approved an increase in tuition . 7 ) Solid Waste - there will be no charge to municipalities for unidentified illegally dumped waste along roadsides . A public hearing will be held on August 9 , 1994 at 5 : 30 P . M . for a Revised Local Law regarding the disposal of solid waste . Members of the Public : Pam Solomon - 301 Meadow Wood Terrace - made the following • comments : 1 ) complemented Bill Hall on keeping the roads clear this past winter ; 2 ) the preparation for the oil and stone surface on B uttermilk Lane and Meadow Wood Terrace is deteriorating . Supervisor Oltz responded that it is the intention of Superintendent Hall to complete the road surfacing this season . Charles White - 325 Durfee Hill Road - expressed his thank you to t he Town Board for the work done on his road . Other Reports Received : H ighway Department Report - July 1994 . Code Enforcement Report - July 1994 . S PCA - June 1994 P lanning Board Report : Chairperson Nancy Weitzel reported that the Planning Board held t hree ( 3 ) public hearings and approved the following : 1 ) Siegenthaler - subdivision of a two ( 2 ) acre lot on a property located on Comfort Road ; 2 ) Thayer - subdivision of a three ( 3 ) acre lot on Town Line Road ; 3 ) Goodwin - subdivision of a one ( 1 ) acre lot on Bald Hill . Two ( 2 ) public hearings are scheduled for the August 10 , 1994 P lanning Board Meeting . S olid Waste Advisory Committee ( SWAC ) Joel Gagnon reported that the idea of a town wide Garage Sale will be proposed to the Solid Waste Committee . N EW BUSINESS : RESOLUTION NO . 44 OF 1994 CAT LICENSING IN TOMPKINS COUNTY B y Councilperson Schwartz : Seconded by Councilperson Hile WHEREAS , the issue of licensing cats has been addressed by the D anby Town Board , and WHEREAS , the Board understands the primary reason for the cat ® licensing proposal is to generate revenue , and WHEREAS , the cost of administering , conducting an enumeration and e nforcing such a program would far exceed the revenue generated , n ow be it RESOLVED , that the Town Board of the Town of Danby goes on record as opposed to the licensing of cats in Tompkins County . A copy of this resolution is to be transmitted by the Danby Town Clerk to the Tompkins County Board of Representatives and to all t he Town Clerks in Tompkins County . D iscussion : K aren Smith , President of the S . P . C . A . and a member of the Cat L icensing Task Force , commented that they would be getting accurate 362 3 Town Board Minutes August 8 , 1994 information out to people regarding the licensing of cats . She said the main purpose of licensing cats is not financing but is cat control . Councilperson Schwartz responded that cat inoculation clinics would make more sense . He stated for the record that the wording in this resolution comes from discussion from the whole Board . Personally h is opposition is that he thinks it is impractical from this Town ' s perspective . Councilperson Hile responded that this is a rural community and the • issue of barn cats was not addressed . Councilperson Steiner said that the Board discussed the budget impact and this is something that the Town could not afford at this t ime . A vote on the resolution resulted as follows : Four ( 4 ) Ayes H ile Aye S chwartz Aye S teiner Aye O ltz Aye One ( 1 ) Abstention J ohnson Carried RESOLUTION NO . 45 OF 1994 PAYMENT OF 941 PAYROLL TAXES DUE IN 1991 B y Councilperson Hile : Seconded by Councilperson Steiner WHEREAS , the Town Supervisor received written notice from the IRS t hat the 941 payroll taxes in the amount of $ 2 , 707 . 91 for the year 1991 were not paid , and WHEREAS , the Town records were researched and this error was confirmed , now therefore be it RESOLVED , that $ 2 , 707 . 91 be transferred from the Contingency Account A1990 . 4 increasing Account A9030 . 8 by a like amount in order to make funds available to pay the above past due taxes . A roll call vote on the resolution resulted as follows : H ile Aye J ohnson Aye Schwartz Aye S teiner Aye O ltz Aye Carried Unanimously RESOLUTION NO . 46 OF 1994 MODIFICATION OF BUDGET TO PROVIDE FUNDS TO PAY ARCHITECTURAL FEES , • AND OTHER RELATED COSTS B y Councilperson Johnson : Seconded by Councilperson Steiner WHEREAS , an agreement was executed between the Architect , Demjanec & Associates and the Town of Danby for the schematic design of the D anby Town Hall , and WHEREAS , $ 800 . 00 were due the architect upon execution of this agreement , and $ 2 , 158 . 00 for compensation and expenses to date has been presented for payment , and WHEREAS , a necessary perc test was performed at the cost of $ 130 . 00 , now therefore be it RESOLVED , that $ 3 , 088 . 09 be transferred from the Contingency Fund Account A1990 . 4 , increasing Appropriations Account A8010 . 4 by a like amount to pay the above costs . 363 4 Town Board Minutes August 8 , 1994 A roll call vote on the resolution resulted as follows : H ile Aye J ohnson Aye S chwartz Aye S teiner Aye O ltz Aye Carried Unanimously RESOLUTION NO . 47 of 1994 B ID AWARD - HIGHWAY DEPARTMENT PURCHASE OF USED EQUIPMENT B y Councilperson Schwartz : Seconded by Councilperson Hile WHEREAS , The Town of Danby on June 30 , 1994 advertised to receive sealed bids for the purchase of one ( 1 ) used gooseneck equipment t railer and one ( 1 ) used tandem tractor , and WHEREAS , sealed bids were publicly opened on Monday , July 11 , 1994 at 7 : 45 P . M . , and WHEREAS , a bid received from Paul T . Seeley was found to be complete , now be it RESOLVED , that the Town Board of the Town of Danby awards the bid for the purchase of one ( 1 ) 1976 Ford Tractor Vehicle I . D . # V916VV93405 , one ( 1 ) Landol Detachable Low - Bed Trailer - Vehicle I . D . # 1LH3265H9K 1004136 , and one ( 1 ) 1962 Anthony Dump Trailer - S erial # 218134 to Paul Seeley , 1767 Danby Road , Ithaca , New York for his bid price of $ 20 , 000 . 00 . A roll call vote on the resolution resulted as follows : H ile Aye J ohnson Aye S chwartz Aye S teiner Aye O ltz Aye Carried Unanimously RESOLUTION NO . 48 OF 1994 TRANSFER FUNDS FROM 1993 HIGHWAY FUND BALANCE TO PAY FOR EQUIPMENT PURCHASED FOR HIGHWAY DEPARTMENT B y Councilperson Hile : Seconded by Councilperson Schwartz WHEREAS , the only bid received was from Paul T . Seeley for a used 1989 or newer non ground bearing detachable gooseneck equipment t railer and one used 1976 or newer tandem tractor and a 1962 dump t railer for a total purchase price of $ 20 , 000 , and WHEREAS , the Danby Town Board accepted the bid , now therefore be it RESOLVED , that the supervisor be authorized to transfer $ 20 , 000 . 00 from the 1993 Highway Fund balance to appropriation account DA5130 . 2 in order to make funds available to pay this bill . A roll call vote on the resolution resulted as follows : H ile Aye J ohnson Aye Schwartz Aye S teiner Aye Oltz Aye Carried Unanimously RESOLUTION NO 49 . OF 1994 P LANNING BOARD CHAIR APPOINTMENTS B y Councilperson Hile : Seconded by Councilperson Hile WHEREAS , the position of Chairperson of the Town of Danby Planning B oard is open , and WHEREAS , the Danby Town Board wishes to fill this position in a t imely manner , and 36 1 5 Town Board Minutes August 8 , 1994 WHEREAS , Planning Board member Kenneth Horst has expressed his interest in serving in such capacity . be it RESOLVED , that the Danby Town board appoints Kenneth Horst as Chairperson of the Danby Town Planning Board , and be it further RESOLVED , that the Danby Town Board appoints Nancy Weitzel as P lanning Board Vice Chairperson , and further RESOLVED , that the terms of said appointees will expire on June 30 , 1995 . A roll call vote on the resolution resulted as follows : Ayes - Four ( 4 ) Hile Schwartz J,,� 0 ' Steiner Corr a ,1 Oltz 9 / I3 /4 N�.o' _e`' II� /One ( 1 ) Johnson Carried /7 ita , Ke(,! Councilperson Johnson said that she abstained because of lack of clarity on the process of how appointments were made . RESOLUTION NO . 50 OF 1994 RESOLUTION IN OPPOSITION TO THE PROPOSED TAKEOVER AND REDUCTION OF THE SHERIFF ' S DEPARTMENT BUDGET BY THE TOMPKINS COUNTY BOARD • B y Councilperson Steiner : Seconded by Councilperson Schwartz WHEREAS , the Town of Danby Residents rely on the Tompkins County S heriff ' s Department as the major source of police protection , and WHEREAS , the Tompkins County Board of Representatives is considering dangerously reducing the Sheriff ' s ability to protect t he citizens of Danby and other small communities through budget cuts , now be it RESOLVED , that the Town Board of the Town of Danby strongly opposes any action by the County that would potentially reduce the current level of patrols and manpower , and be it further RESOLVED , that the Town Board of the Town of Danby recommends that t he Sheriff Department Budget be increased so that additional manpower can be provided that reflects the needs of the growing communities within Tompkins County , and further RESOLVED , that the Town Clerk is directed to send copies of this resolution to the Tompkins County Sheriff ' s Department , the Tompkins County Board of Representatives and all Town Supervisors in Tompkins County . A roll call vote on the resolution resulted as follows : H ile Aye • J ohnson Aye S chwartz Aye S teiner Aye O ltz Aye Carried Unanimously Councilperson Schwartz said he would like to see the level of road patrols increased . Other Business : Councilperson Johnson requested that in under Communications in the August 3 , 1994 Agenda Minutes the word " agreed " be deleted and replaced with the word " consensus " . N o Board Member objected . COMMUNICATIONS : 1 ) Letter from the Town Board to the Planning Board regarding 365 6 Town Board Minutes August 8 , 1994 public hearings for Final Site Plans ( dated August 5 , 1994 ) ; 2 ) Memo to Town Board from Susan Beeners ( 8 / 5 / 94 ) regarding Zoning / Subdivision Improvements . Discussion : Councilperson Steiner stated that the memo is in response to many concerns related to proposals that require public hearings . His interpretation of the zoning law is that if a final site plan • differs significantly from the general plan and / or local law that was approved by the Town Board , then it requires a public hearing . Motion to Forward Letter and Memo to Planning Board A motion was made by Councilperson Johnson and seconded by Councilperson Steiner to forward the letter and attach the memo from Susan Beeners , entitled " Zoning / Subdivision Improvements " to the Planning Board . A roll call vote on the motion resulted as follows : H ile Aye J ohnson Aye S chwartz Aye S teiner Aye O ltz Aye Carried Unanimously APPROVAL OF WARRANTS : General Fund Warrant No . 8 of 1994 - Approved A motion was made by Councilperson Hile and seconded by Councilperson Schwartz to approve the General Fund Warrant No . 8 of 1994 , voucher no ' s . 279 - 307 in the amount of $ 5 , 593 . 33 . A roll call vote on the motion resulted as follows : H ile Aye J ohnson Aye S chwartz Aye S teiner Aye O ltz Aye Carried Unanimously Approval of Highway Fund Warrant No . 8 of 1994 - Approved A motion was made by Councilperson Steiner and seconded by Councilperson Hile to approve the Highway Fund Warrant No . 8 of 1994 , voucher no ' s 102 - 113 in the amount of $ 76 , 001 . 43 . A roll call vote on the motion resulted as follows : H ile Aye J ohnson Aye S chwartz Aye Steiner Aye ® Oltz Aye Carried Unanimously West Danby Water District Fund Warrant No . 7 of 1994 - Approved A motion was made by Councilperson Schwartz and seconded by Councilperson Hile to approve the West Danby Water District Fund Warrant No . 7 voucher no ' s . 28 - 31 in the amount of $ 581 . 35 . A roll call vote on the motion resulted as follows : H ile Aye J ohnson Aye S chwartz Aye Steiner Aye O ltz Aye Carried Unanimously 3 G 6 7 Town Board Minutes August 8 , 1994 Town Clerk ' s July 1994 Report A motion was made by Councilperson Hile and seconded by Councilperson Schwartz to approve the Town Clerk ' s July 1994 report as submitted . A roll call vote on the motion resulted as follows : Hile Aye J ohnson Aye S chwartz Aye • Steiner Aye O ltz Aye Carried Unanimously Town Supervisor ' s July 1994 Report A motion was made by Councilperson Schwartz and seconded by Councilperson Johnson to approve the Town Supervisor ' s July 1994 report as submitted . A roll call vote on the motion resulted as follows : H ile Aye J ohnson Aye S chwartz Aye S teiner Aye Carried Unanimously ADJOURNMENT : On a motion the meeting adjourned at 9 : 40 P . M . alid d Carol A• / epanski , Town Clerk min - 8 - 8 . 94