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 .
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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
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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 .
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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
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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
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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
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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