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HomeMy WebLinkAbout1995-02-13 413 TOWN OF DANBY TOWN BOARD MINUTES Regular Meeting 8 : 00 P . M . February 13 , 1995 PRESENT : Supervisor Oltz Councilpersons : Roger Hile , Rosa Lee Johnson , Joseph Schwartz , Howard Steiner Others Present : County Representative - Frank Proto Highway Superintendent - William Hall Code Enforcement Officer - Susan Beepers Town Clerk - Carol Sczepanski Members of the Public : Nancy Weitzel , Edward M . Roberts , Robert and Elizabeth Roe , James H olley S upervisor 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 - January 92 1995 A motion was made by Councilperson Schwartz and seconded by Councilperson Johnson to approve the January 9 , 1995 Town Board Minutes as published . A roll call vote on the motion resulted as follows : Hile Aye Johnson Aye Schwartz Aye S teiner Aye O ltz Aye Carried Unanimously ADDITIONS TO THE AGENDA : Supervisor Oltz requested the following items be added to the Agenda : 1 ) Appointment to the County Solid Waste Advisory Committee ( SWAC ) 2 ) Town of Danby Policy and Procedures Related to the Americans W ith Disabilities Act N o Board Member objected . P rivilege of the Floor : Councilperson Johnson reported that the cat licensing issue is back on the County Health Committee Agenda . The Town Clerk reported that with the assistance and cooperation of the Danby Fire Commissioners , Fire District Secretary ( RMO ) and Susan Beeners she prepared and submitted a LGRMIF Grant Application ( SARA ) for a Cooperative Inactive Records project . The grant request was in the amount of $ 9 , 600 . County Representative Report : Representative Proto reported on the following : 1 ) The County Health Committee will be reviewing the fifth draft of a proposed Cat Licensing Ordinance on Tuesday , February 14 , 1995 . A safe method of tagging cats has not been decided . Cat Licensing is on the Health Committee Agenda for March 9 , 1995 at 9 : 30 a . m . 2 ) Rural Affairs Community Meetings - received positive response from the public . The items of most concern were the Sheriff Department road patrols , solid waste , recycling centers , recycling road side pick - up , roads , bridges , and t ransportation in general . 414 2 Town Board Minutes February 13 , 1995 S upervisor Oltz asked why the Town of Danby Recycling Center is one t hat is scheduled to be closed . Representative Proto said that the decision for closing some of the recycling centers was made geographically . One on the west side and one on the east side of the County will remain open . The decision to close the center in Danby had nothing to do with information that was presented to the Rural Affairs Committee . The S olid Waste Manager made the final decision for closure based on the cost of operation for each center . The County has reported t hat all recyclables can be picked up roadside . D iscussion followed regarding the closure of the Danby Recycling center and its effect on our rural community . 1 ) Litter along roadsides from wet newspapers , plastic bottles and items falling off trucks ; 2 ) added expense for more trucks , more trips to recycling center ; 3 ) cost to purchase more bins for rural residents ( many residents in rural areas do not use roadside pickup ) . Councilpersons asked representative Proto what if the figures for t he cost to maintain individual centers are not accurate and why t he centers were more cost effective in other thownships . Representative Proto said he will report to the Town when he receives further information . 3 ) Comfort Road Bridge - Comfort Road Bridge was scheduled to be replaced in 1995 and was listed on the Five - year Bridge Plan . A Bridge in Forest Home has been placed on the top of the list to be replaced this year . Representative Proto said he would like to see a commitment from the County for the repair of the Comfort Road Bridge , 4 ) Bi - centennial - Funds are available for tourist related activities and publicity for the Town ' s Bi - centennial . 5 ) SARA Grants - thanked the Town Clerk for submitting a grant application to SARA . 6 ) Bus Shelter for Park and Ride - Dwight Mengle will contact t he Town regarding the site for a bus shelter for Park and Ride . 7 ) Tax Rate - Tompkins County tax rate on the tax roll is d irectly related to actual sales tax revenues received . 8 ) County Road Work on Town Roads - Mr . Proto submitted a list to Supervisor Oltz of work done on the Town of Danby Roads from 1978 to present . Privilege of the Floor : Susan Beeners reported the following : 1 ) Al Becker requested that the petition he submitted to the Planning Board on January 19 , 1995 be read into the record . The Petition was addressed to the Planning Board and the Town Board . 2 ) the Planning Board has referred proposed zoning ordinance revisions to the Town Board ; 3 ) urged the Town Board to support the rural roads legislation that is on tonight ' s Agenda ; 415 3 Town Board Minutes February 13 , 1995 H ighway Report : H ighway Superintendent William Hall requested Board approval for t he following : 1 ) to seek bids for a new or used 1989 or newer single drum Vibratory Roller ; • 2 ) to purchase a used utility dump truck for $ 9 , 500 . 00 ; 3 ) to participate in cooperative purchasing of highway service with Tompkins County . The Highway Superintendent reported to the Board that he will bid o n a gradall in the new future . Danby Youth Commission - Report J ames Holly - submitted a report to the Board from the Danby Youth Commission and reported on their activities . The Commission has spent a lot of time on the budget and funding process for youth programs . New proceedures , request for funding and reporting forms have been developed . The Commission met with a representative from t he Ithaca City School District to discuss the possibility of using t he Danby school building for youth activities . Environmental Management Committee Report Elizabeth Owens - Roe reported that the EMC is meeting monthly . The committee is in the process of devising a plan for Tompkins County t hat will have biological corridors and greenways ( land that can annex large areas so wildlife can freely flow ) . The SEOR Committee is reviewing the Wall Mart material . NYSEG Pipeline- Update Representative Proto reported that the primary route for the proposed NYSEG pipeline is the one that connects at Wiliseyville and runs down Coddington Road on the existing rights - of - way with a pumping station to be located in the Town of Ithaca . The first alternate route for the pipeline would be down NYS 96B . P ETITION FROM WEST DANBY RESIDENTS A petition from West Danby residents was submitted to the Planning B oard on January 18 , 1995 by Al Becker . Mr . Becker asked that the petition be read into the Town Board Meeting Minutes . " This is a petition to the Danby Town Board and Danby Town Planning Board against the proposed development of cluster housing , to be sited on that parcel of land located at the northeast corner of the intersection of routes 34 / 96 and Hillview Road , in West Danby . . Being concerned neighbors , it has recently come to our attention that a contractor working in the area is planning to build a small housing development in West Danby . The parcel of land he is proposing to develop is located at the northeast corner o f the intersection of routes 34 / 96 and Hillview Road . We strongly feel that the construction of more than one house on this piece of property would greatly change the character of our agricultural n eighborhood , furthermore , it would negatively impact the delicate wetlands that surround the property . It is for the above reasons that we , the undersigned , do h ereby petition the Danby Town Board and Danby Town Planning Board t o deny approval of this proposed project . " The petition was signed by twenty - seven ( 27 ) persons . 4113 4 Town Board Minutes February 13 , 1995 RESOLUTION NO . 18 OF 1995 - Approved AUTHORIZE HIGHWAY SUPERINTENDENT TO SEEK BIDS FOR A VIBRATORY ROLLER and SUBMIT BID FOR GRADALL B y Councilperson Schwartz : Seconded by Councilperson Hile WHEREAS , the Town of Danby Highway Superintendent has reported to t he Board that he would like to purchase a used or new 1989 or newer single drum Vibratory Roller , and to submit a bid for the purchase of a used gradall , and WHEREAS , the Highway Superintendent has requested Board approval to advertise for bids to purchase a used or new 1989 or newer single drum Vibratory Roller and to submit a bid for a used gradall , now be it RESOLVED , that the Town of Danby Town Board authorize the Highway Superintendent to advertise for bids for the purchase of a used or new 1989 or newer single drum Vibratory Roller , and to submit a bid for a used gradall . A roll call vote on the resolution resulted as follows : Hile Aye Johnson Aye Schwartz Aye Steiner Aye Oltz Aye Carried Unanimously Authorize Highway Superintendent to Purchase Used Utility Dump Truck A motion was made by Councilperson Hile and seconded by Councilperson Schwartz to authorize the Highway Superintendent to purchase one ( 1 ) single axle utility dump truck in the amount of $ 9 , 500 . 00 . A roll call vote on the motion resulted as follows : Hile Aye Johnson Aye Schwartz Aye Steiner Aye Oltz Aye Carried Unanimously RESOLUTION NO . 19 OF 1995 - Approved AUTHORIZATION TO PARTICIPATE IN COOPERATIVE PURCHASING OF HIGHWAY S ERVICE WITH TOMPKINS COUNTY By Councilperson Hile : Seconded by Councilperson Johnson W HEREAS , the Office of the State Comptroller has ruled that counties may no longer extend their bids for public work ( service ) to political subdivisions , and WHEREAS , General Municipal Law Section 119 - 0 provides for municipalities entering into cooperative purchasing agreements to jointly bid needed services , and WHEREAS , General Municipal Law , Article 5 - G , Section 119 - 0 states that " any agreement entered into hereunder shall be approved by e ach participating municipal corporation or district by a majority ✓ ote of its governing body , " now therefore be it RESOLVED , That the Town of Danby be hereby authorized to participate with Tompkins County in the cooperative purchasing of the following highway services : 1 . Liquid Bituminous Materials 417 5 Town Board Minutes February 13 , 1995 2 . Installation of Corrugated Polyethylene Tubing for Substance Drainage 3 . Calcium Chloride Solution 4 . Recycling of Existing Bituminous Pavement and , be it further RESOLVED , that the Town of Danby reserves the right to reject any and all bids . A roll call vote on the resolution resulted as follows : Hile Aye Johnson Aye S chwartz Aye S teiner Aye O ltz Aye Carried Unanimously RESOLUTION NO . 20 of 1995 - Approved ADOPTION OF THE TOWN OF DANBY POLICY AND PROCEDURES RELATED TO THE AMERICANS WITH DISABILITIES ACT B y Councilperson Schwartz : Seconded by Councilperson Hile B E IT RESOLVED , that the Town of Danby Town Board adopt the Policy and Procedures Related to the Americans With Disabilities Act as follows : TOWN OF DANBY POLICY AND PROCEDURES RELATED TO THE AMERICANS WITH DISABILITIES ACT POLICY : It is the policy of the Town of Danby to comply with the provisions of the Americans with Disabilities Act . As provided in that Act , the Town will provide reasonable accessibility to Town public services for members of the public t hat have disabilities , and the Town will provide reasonable accessibility to potential employees with disabilities . MISCELLANEOUS PROCEDURES : 1 . Notices of Meetings Published as Required by Law : All such notices shall include language substantially to the following effect : Individuals with visual or hearing impairments , or other special needs , will be provided with any legally required appropriate auxiliary aid of services as necessary , upon request . Persons desiring such assistance must make such a request to the Town Clerk not less than 72 hours prior to the t ime of the public hearing . 2 . Access to Services and to Records for Persons who Cannot Climb S tairs : The Town will provide reasonable access to such services and records by delivering them , upon request , to a ground floor location . 3 . Persons With Hearing Impairments : P ersons with hearing impairments are encouraged to sit in the front row of the meeting room in order to be close to the meeting table . Persons with hearing impairments who wish to have a sign language interpreter , should make special arrangements for such by contacting the Town Clerk not less than 72 hours prior t o the time of the public hearing . 413 6 Town Board Minutes February 13 , 1995 4 . Persons with Visual Impairments : Upon request to the Town Clerk , the Town will provide assistance to persons with visual impairments , for example , by providing enlarged type text . A roll call vote on the resolution resulted as follows : H ile Aye Johnson Aye S chwartz Aye Steiner Aye O ltz Aye Carried Unanimously RESOLUTION NO . 21 of 1995 - Approved REQUEST NEW YORK STATE ELECTRIC AND GAS CORPORATION TO INSTALL A STREET LIGHT AT THE INTERSECTION OF NYS ROUTES 34/ 96 AND SYLVAN LANE By Councilperson Schwartz : Seconded by Councilperson Johnson WHEREAS , a street light is needed at the intersection of NYS Route 34 / 96 and Sylvan Lane which is the entrance to the West Danby Fire Station , and WHEREAS , New York State Electric and Gas has agreed to install a 150 Watt high pressure sodium light at a cost to the Town of Danby o f $ 151 . 70 per year , and WHEREAS , the Board of Fire Commissioners of the Town has agreed in w riting to pay the cost of the pole plus installation , it is RESOLVED , that the Town of Danby will pay the annual fee of $ 151 . 70 plus installation of the light and notify New York State Electric and Gas to proceed with installation as soon as the pole has been set . A roll call vote on the resolution resulted as follows : H ile Aye Johnson Aye Schwartz Aye S teiner Aye O ltz Aye Carried Unanimously RESOLUTION NO . 22 of 1995 - Approved APPOINTMENT OF LINDA F . UZMANN AS THE TOWN OF DANBY REPRESENTATIVE ON THE TOMPKINS COUNTY FIRE AND EMS ADVISORY BOARD By Councilperson Schwartz : Seconded by Councilperson Steiner WHEREAS , there is a vacancy on the Tompkins County Fire and EMS Board , and WHEREAS , terms of office of this Board are for three years , and • WHEREAS , Linda F . Uzmann is a member of the West Danby Fire and Rescue Squad and has shown an interest in serving as the Town ' s representative on the Tompkins County Fire and EMS Advisory Board , and WHEREAS , she has been nominated by Phil Kelly , Jr . of the West Danby Fire Company to serve in this position , and WHEREAS , she has submitted her resume to the Danby Town Board , now be it RESOLVED , that the Danby Town Board appoint Linda F . Uzmann to serve as the Town of Danby ' s Representative on the Tompkins County Fire and EMS Advisory Board for a three year term to begin immediately and end December 31 , 1997 . 419 7 Town Board Minutes February 13 , 1995 A roll call vote on the resolution resulted as follows : Hile Aye Johnson Aye Schwartz Aye Steiner Aye Oltz Aye Carried Unanimously • RESOLUTION NO . 23 of 1995 - Approved SUPPORT THE TOWN OF CAROLINE IN THEIR EFFORTS TO GET A LAW ENACTED PERMITTING MUNICIPALITIES TO DESIGNATE CERTAIN LOW- LEVEL RURAL ROADS AS MINIMUM MAINTENANCE ROADS By Councilperson Steiner : Seconded by Councilperson Hile WHEREAS , the Town of Caroline is being required by the Highway Law Section 205 - a to begin year round maintenance on a road which formerly was maintained on a seasonal basis only , and WHEREAS , maintaining this road is cost prohibitive and may require t hat a new access road be constructed . It has been estimated that t he cost could be as much as $ 250 , 000 . 00 or more than three ( 3 ) times the amount of Caroline ' s appropriation for highway capital improvements this year , and WHEREAS , such legislation would protect the Town of Danby and other rural municipalities who may find themselves in a similar situation in the future , now be it RESOLVED , that the Town of Danby supports the Town of Caroline in their efforts to introduce a bill before the legislature permitting municipalities to designate certain low- level rural roads as minimum maintenance roads . A roll call vote on the resolution resulted as follows : H ile Aye Johnson Aye S chwartz Aye S teiner Aye O ltz Aye Carried Unanimously RESOLUTION NO . 24 of 1995 TOMPKINS COUNTY SOLID WASTE MANAGEMENT ADVISORY COMMITTEE APPOINTMENT ( SWAC ) - Approved B y Councilperson Steiner : Seconded by Councilperson Hile RESOLVED , that the Town of Danby Town Board recommend the nomination of Joel Gagnon for re - appointment to the Tompkins County Solid Waste Management Advisory Committee as the representative for t he Town for a term to begin immediately and to expire on December ® 31 , 1997 . A roll call vote on the resolution resulted as follows : Hile Aye Johnson Aye Schwartz Aye S teiner Aye O ltz Aye Carried Unanimously OTHER BUSINESS : Proposed Zoning Ordinance Revisions The Planning Board has referred Proposed Zoning Ordinance revisions to the Town Board for review . The Board will begin review of the proposed revisions at 7 : 00 P . M . on March 8 , 1995 at their regularly scheduled Agenda meeting . • 4 ' 0 Town Board Minutes 8 February 13 , 1995 APPROVAL OF WARRANTS : General Fund Warrant No . 2 of 1995 - Approved A motion was made by Councilperson Hile and seconded by Councilperson Schwartz to approve the General Fund Warrant No . 2 of 1995 - voucher numbers 13 - 57 in the amount of $ 10 , 163 . 18 . A roll call vote on the motion resulted as follows : H ile Aye Johnson Aye Schwartz Aye Steiner Aye O ltz Aye Carried Unanimously Highway Fund Warrant No . 2 of 1995 - Approved A motion was made by Councilperson Schwartz and seconded by Councilperson Hile to approve the Highway Fund Warrant No . 2 of 1995 - voucher numbers 7 - 23 in the amount of $ 14 , 046 . 45 . A roll call vote on the motion resulted as follows : H ile Aye Johnson Aye S chwartz Aye S teiner Aye O ltz Aye Carried Unanimously West Danby Water District Fund Warrant No . 1 of 1995 - Approved A motion was made by Councilperson Schwartz and seconded by Councilperson Hile to approve the West Danby Water District Fund Warrant No . 1 of 1995 - voucher numbers 1 - 5 in the amount of $ 937 . 36 . A roll call vote on the motion resulted as follows : H ile Aye Johnson Aye Schwartz Aye S teiner Aye O ltz Aye Carried Unanimously Town Clerk ' s January 1995 Report- Approved A motion was made by Councilperson Hile and seconded by Councilperson Steiner to approve the Town Clerk ' s January 1995 report as submitted . A roll call vote on the motion resulted as follows : Hile Aye Johnson Aye • Schwartz Aye S teiner Aye O ltz Aye Carried Unanimously Town Supervisor ' s January 1995 Report - Approved A motion was made by Councilperson Schwartz and seconded by Councilperson Hile to approve the Town Supervisor ' s January 1995 Report as submitted . A roll call vote on the motion resulted as follows : H ile Aye Johnson Aye S chwartz Aye S teiner Aye Carried Unanimously 34? 4, 9 Town Board Minutes February 13 , 1995 Audit of Clerk ' s Records The Town Clerk asked the Town Board to make arrangements to audit her records prior to the Agenda Meeting of the Board on March 8 , 1995 . ADJOURNMENT : On a motion the meeting adjourned at 10 : 05 P . M . (100( 241 ,1 ud%Iw Carol W . Sczepans , Town Clerk min - 2 - 13 . 95