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HomeMy WebLinkAbout1995-05-08 43G 1 Town Board. Minutes May 8, 1995 TOWN OF DANBY TOWN BOARD MINUTES Regular Meeting 8: 00 P.M. May 8, 1995 PRESENT: Supervisor Oltz Councilpeisons: Roger Hue, Rosa Lee Johnson, Joseph Schwartz (arrived 8 :20 p.m. ), Howard Steiner Others Present: Carol W. Sczepanski - Town Clerk Susan Beeners - Code Enforcement Officer County Representative - Frank Proto Bill Hall - Highway Superintendent Members of the Public Glen Harrington, Ed. Imnan, Edw. M. Roberts, Bill Farrell, Joel Gagnon, Mary Lou Hardesty, Nancy Weitzel, Ken Horst, Judy Tagliavento, Don Barnes, Robert Roe, Liz Norton Supervisor Oltz called the meeting to order at 8 :00 P.M. and led all present to the Pledge of Allegiance to the American ,flag. Anproval of April 10, 1995 Town Board Minutes A motion was made by Councilperson Steiner and seconded by Councirson Hue to approve the April 10, 1995 Town Board Minutes as published. A roll call on the motion resulted as follows: Hue Aye Johnson Aye Steiner Aye Oltz Aye Carried Unanimously PRIVILEGE OF THE FLOOR Town Clerk, Carol Sczepanski reported that she attended the New York State Clerk's Association Annual Meeting in April 1995 and received a lot of important information. She thanked the Board for the opportunity to attend the conference. Edw. M Roberts - 47 Bald Hill Road - reported that this year is the 200-year settling for the Town of Danby and asked perMission to contact Mr. Dan Wheeler regarding the repairs to the base of the Town Civil War Monument and railing. Supervisor Oltz responded that Mr. Roberts should contact Mr. Wheeler regarding the Civil War Monument. No Board member objected. Don Barnes - 57 Michigan Hollow Road reported that he submitted to the Board a proposal for a Planned Deft on his property located on Michigan Hollow Road and asked if the Board had reviewed his proposal. Supervisor Oltz responded that the Board has reviewed his letter and proposal . Mr. Barnes was referred to the Code Enforcement Officer for information on how to proceed with his proposal. Y 2 Town Board Minutes May 8, 1995 County Representative Report. Representative Frank Proto reported on the following: 1 ) Rural Affairs Committee - will be extended six months. • 2) Sanitary Code - A public hearing on the revisions to the Sanitary Code is scheduled for 7:00 P.M. on May 23, 1995. 3) Sales Tax Report for the 1st Quarter of 1995 (December, January & February ) The share of sales tax applied to the Town of Danby is $89,078. 52 forr the first.quarter. 4) Agricultural Land Protection Board - are reviewing the fire tax of 100% on agricultural assessed crop lands for possible legislation for a partial reduction. . 5) Community Prevention Coalition - is a new committee foamed due to the many groups dealing with drugs and alcohol problems. 6) Danby Land Trust property on N.Y. S. 34/96 - The County will review whether to proceed this year with the sale of a property in West Danby for the development of a Biodiversity Preserve for Chemical Ecology. 7) Board of Health Meeting - the first case of Tuberculosis and the first case of Lyme Disease that originated in Tompkins County_was in May . 1995. , 8) Fairness Committee for Solid Waste - A committee was formed to review appeals to the County Solid Waste Fee. 9) Tompkins Courgy Committee Vacancies - One (1) on the Hiliview Road Advisory Committee for an at-lazge member and one (1 ) on the Neighborhood Advisory Committee for Recycling and Solid Waste Center. 10) County Planning Board - will be divided into two (2) groups. 11 ) County Early Incentive Retirement - The County has approved of an early retirement .program for County employees. 12) SARA - Passed a resolution in support of extending the Sunset provision for the government records retention program. Councilperson Johnson asked Representative Proto if there is a way to get an explanation on why Danby's School Tax is much higher that other towns in the County. She is concerned that if there is a 6% raise in the school tax that the increase to Danby tax payers may be as high as 15 or 18%. Representative Proto referred Councilperson Johnson to the Ithaca City School District for school tax information. COMMCT_NICATIONS• 1 ) Supervisor Oltz read the Board of Zoning' Appeals Notice of Decision in the VanOstrand Appeal of March 22, 1995 , and April 26, 1995. - The BZA also. .recommended that, the Town Board and ithe Planning Board consider amending the existing Mobile Home Ordinance to accommodate the present conditions as described in .the. Attorney's letter dated Apnl 13, 1995 and the Zoning Officers Report dated April 26, 1995. 2) Tompkins County Division of Assessment - request for two (2) appointments to the Local Advisory Board of Assessment Review. . , Y3i 3 Town Board Minutes May 8, 1995 3) Letter front Mary Lou Hardesty dated May 3, 1995 - interest in serving on the Planning Board. 4) Supervisor Oltz read a letter to Bill Hall from Walt and Betty Reimers - appreciation to Bill Hall and the Highway Department crews for their excellent work in reshaping the roadside ditches. O 4 I .I. _ O :_ ! I 1 .1L ' L . ..� . L ' _.!:� _ :_ '. I 1411 it I :..t! O �_ ��.�' .L . _� aL ' A motion was made by Supervisor Oltz and seconded by Councdperson Steiner that the Town Board approve due Appointments of Supervisor May Oltz and William Farrell to the Local Advisory Board of Assessment Review for May 18, 1995 from 3 :00 p.m. to 6:00 p.m. at 1830 Danby Road, Ithaca, New York. • A roll call vote on the motion resulted as follows: Bile Aye Johnson Aye • Schwartz Aye Steiner Aye Oltz Aye Carried Unanimously REPORTS: EMC Report - Elizabeth Owens-Roe reported that there will be brochures circulated for educating citizens about the dangers of bum bameb. A directory is in the planning stages on the Unique Natural Areas in Tompkins County. The Long Range Planning Committee is preparing an environmental planning report for the County Planning Board and copies of the report will available soon. Liz reported that she is may not be able to continue to save as a member of the EMC as meetings require a lot of volunteer time. The EMC will meets monthly and subcommittees as often as two or three times per week. Highway Report - Bid Hall reported that the Ithaca Journal article on highway projects for the Town was in error for the Nelson Road sub surface drainage project - the correct estimated cost of is $8, 500.00 An agreement to Spend Town Highway Funds was signed by the Board. Senior Citrus - Edw. M. Roberts reported that the Senior Citizens are meeting monthly and a day trip is planned for the near future. Community Council - Judy Tagliavento reported that Community Council has elected a new slate officers. She introduced the newly elected Community Council President, Liz Norton. Code Enforcement Office - April 1995 Report Received. Sue Beeners extended appreciation to her assistant, Donna Inman for helping with the 911 Street Addressing and the research on preexisting mobile homes. Susan reported that at the Planning Board April 19, 1995 Meeting, the "Camelot" Subdivision Proposal received a Negative Determination of Significance. A public hearing will be held at 7 :00 PM on May 17, 1995 to consider Preliminary Subdivision Approval of the "Camelot" proposal. If Preliminary Subdivision Approval is granted by the Planning Board she will forward to the Town Board the matter of accepting the locations of the proposed new road and the proposed water main extension. agnnimaChairperson Ken Horst reported that the Planning Board is continuing as time allows to view possible amendments to the zoning ordinance and subdivision regulations. The p 439 4 • : • Town Board Minutes • May 8, 1995 Board is very intent on doing some long range• planning for the Town of Danby. • NtEW BUSINESS: 1 • . • New Committee Appointed - Town Hall Renovation Project • • . • • Supervisor Oltz reported that she wants to set up a new committee to study the town hall renovation Project ' • . • !/_ 1110. _ i ! .l' : _ O :'Ai. 110 it * 01 `_k I iK. I L 1 . . ' • . A motion was made by Councilperson Schwartz and seconded by Councilperson Johnson to approve the development of the Town Hall Renovation Project Committee.arid the appointments of Howard • Steiner; Mary Oltz, Ken 'Horst Nancy Weitzel and Ed human to seine on the committee. . - • • . . , • . . . . P - . _ A roll call vote on the motion resulted as follows: H•Ele • • I Aye . , • vl + > .. ;1 . _ • r4• . •Johnson Aye : _ r ; Schwartz Aye Steiner • ' Aye ' • • ' • ` ' Oltz • • Aye • • • . _ , ; • Carried Unanimously RESOLUTION NO 29 OF 1995 .a_ Il+._. • ; ►' _ ta' Z _ O _ _ �'� : 11 " s � _ 't _C HYDEA C EXCAVATOR - Approved • By Supervisor Oltz: Seconded by Councilperson Steiner WHEREAS, the Town of Danby Highway Superintendent has reported to the Board that he would hie to purchase a used telescopic hydraulic excavator, and • ' .' ` • ' WHEREAS, the Ffighway Superintendent has requested Board approval to advertise for bids to purchase a used telescopic hydraulic excavator, now be it RESOLVED, that the Towns of Danby Town Board authorizes the Highway Superintendent to advertise' for bids for the' purchase of a used telescopic .hydraulic excavator. • A roll call vote on the resolution resulted as follows: . }me Aye Johnson Aye Schwartz Aye Steiner Aye - • phz • Aye ' 1 Carried Unanimously . OLD BUSINESS:Ordinance Revisions ® Owner Occupancy - Possible Zoning Requirement Discussion ' - ' • Councilperson Steiner reported that the Supervisor and Town Board consulted with the Town Attorney regarding the owner occupancy requirement in the ordinance and the maximum of thirty (30) per cent of living space allowed for accessory apartments. He would like to see the ore revised to ate the allowed space for an accessory apartment and the owner occupancy requirement He said that he thinks it prevents people from being able to utilize their home. Susan Beeners responded that if an owner moved away they probably would not be able to get a variance to sell their residence as a non-owner:Occupied 'dwelling. It is•possible that a. compromise could be made to allow non-owner occupied 'houses by' a special pernii . . Supervisor Oltz reported that she has consulted with the Town Attorney regarding a planned deve opment proposal for a four unit rental building. She said that a planned development is evaluated on its own merit In a planned development a rental complex does not have to be owner occupied. . 440 5 Town Board Minutes ,. May 8, 1995 Coimaiperson Schwartz reported that.each planned development is ;rated ,on its own,merit and does not create a precedence for others. The focus fora planned development is on the one issue that is proposed. He said that he viewer the owner occupancy requirement as restrictive but there is ;relief from the requirement through the application for aPlanned Development Zone., , . •. . : • • Coun alperson Jean reported that she does not see the need fora clause that says owner occupancy because if there are negative things about a proposal it can rest on its own merit. She sees this • requirement as redundant or over zoned. Upkeep not property and noise,,from ;tenants scan.be_dealt with in other ways. ' , ' . _ � t ' . . , � ) ' r . '- ,: . _ • j• ' - Councitperson • Steiner, said Ghat ;he, would; late , to see a - change in the tOrdinince regarding .owner, occupancy submitted..to_the .Town Attorney, a public hearing scheduled to hear the issues, and the Town Board to act appropriately. He said he sees the owner occupancy requirement as very restrictive . • I . Councilperson Hile said that he feels the same way about the owner occupancy requirement as Councilpelsons Steiner and Johnson. . • . Susan Beeneas explained to the Board that a proposed amendment to the ordinance should go to the Planning Board for a report. The Planning Board makes a recommendation, fine tunes the language and refers it to the Town Board for public hearing. i A motion was made by Std Oltz to adjourn to Executive Session of the Town Board to;discuss J , a persormel matter. . , : ■ „ : ,•o - Cif . I • ), . 1 . ) I ,4 • + J • 1 ' • `. ' : • • a r' . i . if d : , ; . . . p , A 4 - 1 , • . ' . A roll call vote on the motion resulted as follows: , 1 . , • , , Wile ; I Aye Johnson Aye Schwartz Aye Steiner . . Aye Oltz Aye . . Carried Unanimously Meeting reconvened , The regular meeting reconvened at 9:50 P.M. APPROVAL•• OF WARRANTS General Fund Warrant No 5 of 1995 - Approved A motion was ,made, by ,Councrlperson Hile and seconded by Counciperson Steiner to approve the General Fund Warrant No. 5 of 1995, vouchers numbered 125 - 151 in the amount of $8,223.23. A roll call vote on the resulted as foll ows•, , • y + • Hile • . Aye Johnson _ . :Aye I . , Schwartz • • Aye i , . _ . , • . . Steiner , Aye , Oltz Aye Carried Unanimously ' , . r • 1 r •il. 1.1...L .I.1 1 . • _ .1 . 1 1 • t1 __ V ti _I. '.` ! tm - C 1. l! _ ^.! . . A motion was made by Councilperson. Schwartz and seconded. by. Counciperson ;Steiner to ,approve , • the Highway Department Fund Warrant No. 5 of 195, vouchers numbered 51 - 63 in the amount of $8, 229.64., . . , • • 441 6 Town Board Minutes May 8, 1995 A roll call vote on the motion resulted as follows: Hile Aye Johnson Aye Schwartz Aye Steiner Aye • Oltz Aye Canied Unanimously West Danby Water District Fund Warrant No. 4 of 1995 - Approved. A motion was made by Councilperson Hile and seconded by Councilperson Johnson. to approve the West Danby Water District Fund Warrant No. 4, vouchers numbered from 15 - 17 in the amount of $ 173. 52. A roll call vote on the motion resulted as follows: Rile Aye Johnson Aye Schwartz Aye Steiner Aye Oltz Aye Carried Unanimously Supervisor's April 1995 Report - Approved , A motion was made by Councilperson Steiner and seconded by Councilperson Rile to approve the Supervisor's April 1995 Report as submitted. • A roll call vote on the motion resulted as follows: Hile Aye Johnson Aye Schwartz Aye Steiner Aye Carried Unanimously IngLelsilesttpraThituarLApprond A motion was made by Councilperson Hi le and seconded by Councilperson Schwartz to approve the Town Clerk' s April 1995 Report as submitted. A roll call vote on the motion resulted as follows: File Aye Johnson Aye • Schwartz Aye Steiner Aye Oltz Aye Carried Unanimously i ADJOURNMENT: On a motion the meeting adjourned at 10:00 P.M. I& Ma Carol W. Sc own Clerk tbm-5-8.95