HomeMy WebLinkAbout1996-02-12 531
1 Town Board Minutes
Public Hearing - HUD- 1
February 12, 1996
TOWN OF DANBY
TOWN BOARD MINUTES
PUBLIC HEARING - H U D - 1
Public Hearing 7 : 00 P.M. February 12, 1996
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PRESENT :
Supervisor Mary Oltz
Councilpersons : Edward Inman, Joseph Schwartz, Howard Steiner
ABSENT :
Councilperson Rosa Lee Johnson
(Excused)
Others Present:
Carol W. Sczepanski - Town Clerk
Susan Beeners - Code Enforcement Officer
Karl Heck - Tompkins County Planning Department
County Representative - Frank Proto
Highway Superintendent - William Hall
Members of the Public :
Ken Horst, Edw. M. Roberts, Bill Farrell, Herb Engman, Joel Gagnon, Valerie Burgess, Chad
Burgess (student) Tom Davis, Kristen Morin ( student).
The Public Hearing was declared open at 7 : 00 P.M. by Supervisor Oltz and the following ` Notice of
Publication" was read by Carol Sczepanski , Town Clerk.
"NOTICE IS HEREBY GIVEN that the Town of Danby Town Board will hold a public hearing
onMonday, February 12, 1996 at 7: 00 P. M. , Town Hall, 1830 Danby Road, Town ofDanby, Ithaca,
New York to review and discuss the proposed 1996 Small Cities program application to implement
aTown wide housing rehabilitation project. The hearing will include discussion of needs, program
policies, Federal requirements and the Abbreviated Consolidated Plan that must be prepared as part
of the application.
All interested parties will be given the opportunity to be heard either in writing or in person.
By Order of the Town Board
Carol W. Sczepanski , Town Clerk
Published January 31 , 1996"
• Karl HeckfromTompkins County Planning Department said that this was the first of two (2) required
publichearingsforthe Small Cities program. He explained to the Board and public as a Small Cities
Community Block Grant Program is a program of the U. S. Department of Housing and Urban
development. It provides funding from the Federal government in the areas of development in the
areas ofhousingrehabilitation, home ownership, economic development, water and sewer and public
facilities projects. At least a minimum of 51% of the funds must be used to assist low income people.
Most of the projects that they do in Tompkins County are to assist low income people. For a family
of three ( 3 ) in Tompkins County they are considered low income if their annual income is less than
$31 ,250. 00 per year.
Karl Hect reported that approximately forty (40) applications for the program have been submitted
and twenty (20) residences have been inspected.
The Small Cities Program Application deadline is March 13 , 1996. The funding decision must be
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553 2 - 2 - Town Board Minutes
a Public Hearing HUD - 1
_ .. -. -
February 12, 1996
made within 75 days. Approximately 40% of all applications are funded.
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Public Hearing Closed :
Supervisor Oltz declared the public hearing closed at 7: 20 P. M.
6;4o-i(e gin-a)
Carol W. Sczep $ i , Town Clerk
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533
Town Board Minutes
1 February 12, 1996
TOWN OF DANBY
TOWN BOARD MINUTES
Regular Meeting 6 : 00 P.M. February 12, 1996
PRESENT :
Supervisor Mary Oltz
Councilpersons : Edward Inman, Joseph Schwartz, Howard Steiner
ABSENT :
Councilperson Rosa Lee Johnson
(Excused)
Others Present :
Carol W. Sczepanski - Town Clerk
Susan Beeners - Code Enforcement Officer
Karl Heck - Tompkins County Planning Department
County Representative - Frank Proto
Highway Superintendent - William Hall
Members of the Public :
Ken Horst, Edw. M. Roberts, Bill Farrell, Herb Erman, Joel Gagnon, Valerie Burgess, Chad
Burgess (student) Tom Davis, Kristen Morin (student) Pete Meskill, Liz Norton
Supervisor Oltz called the meeting to order at 6 : 00 P. M.
PRIVILEGE OF THE FLOOR :
Proposed NYSEG Gas Pipeline Update:
Jim Houghton addressed the Board regarding the proposed NYSEG Gas Pipeline and Seneca Lake
Storage project. He asked the Town Board to support the Coddington Road group by resolution to
the Public Service Commission to approve the petition for rehearing on the issue of public need so that
interested residents of the Town of Danby may have an opportunity to provide relevant testimony.
911 Emergency Control Update :
Peter Meskill from the Tompkins County Board of Representatives reported that he attended tonight
in response to a letter from supervisor Oltz regarding the County 911 Emergency Service . He said he
could provide the Town Board with basic information and an update on 911 for Tompkins County.
The Countyhas asked each town to provide them with high and low numbers for all roads within their
to town.
Susan Beeners responded to Mr. Meskill that it was going to be an emence project to make changes
for non - consecutive numbers within our area for addresses that are not in sequence. She has not
received any direct answers to questions asked the fire coordinator related to the project. Should they
be sendingnew addresses only or should we be involving ourselves with looking for missing numbers.
Peter Meskill said that the fire departments have been asked to supply important information such as
location of houses. Subdivision numbers and locations should be reported. High and low numbers
on roads are necessary to determine what department should respond to emergencies. The numbers
can be out of sequence in between and will not effect response time.
Mr. Meskill said that the high and low numbers of roads is all that is required from the Town at this
time. Other information may be requested at a later time.
APPROVAL OF WARRANTS :
General Fund Warrant No. 2 of 1996 - Approved
Amotion was made by Councilperson Steiner and seconded by Councilperson Schwartz to approve
the General Fund Warrant No. 2 of 1996, voucher numbers 23 - 61 in the amount of $ 11 ,429. 53 for
payment.
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Town Board Minutes
2 February 12, 1996
A roll call vote on the motion resulted as follows :
Inman Aye
Schwartz Aye
Steiner Aye
Oltz Aye Carried Unanimously
Highway Fund Warrant No. 2 of 1996 - Approved
A motion was made by Councilperson Schwartz and seconded by Councilperson Steiner to approve
the Highway Fund Warrant No. 2 of 1996, voucher numbers 7 - 25 in the amount of $29,682. 73 for
payment.
A roll call vote on the motion resulted as follows :
Inman Aye
Schwartz Aye
Steiner Aye
Oltz Aye Carried Unanimously
West Danby Water District Fund Warrant No. 2 of 1996- Approved
A motion was made by Councilperson Inman and seconded by Councilperson Schwartz to approve
the West Danby Water District Fund Warrant No. 2 of 1996, voucher numbers 4 - 8 in the amount
of $ 1 , 193 .49 for payment.
A roll call vote on the motion resulted as follows :
Inman Aye
Schwartz Aye
Steiner Aye
Oltz Aye Carried Unanimously
Town Supervisor ' s January 1996 Report - Approved
A motion was made by Councilperson Steiner and seconded by Councilperson Schwartz to approve
the Town Supervisor ' s January 1996 report as submitted.
A roll call vote on the motion resulted as follows :
Inman Aye
Schwartz Aye
Steiner Aye
Carried Unanimously
Town Clerk' s January 1996 Report - Approved
A motion was made by Councilperson Schwartz and seconded by Councilperson Inman to approve •
the Town Clerk' s January 1996 Report as submitted.
A roll call vote on the motion resulted as follows :
Inman Aye
Schwartz Aye
Steiner Aye
Oltz Aye
Carried Unanimously
Supervisor Oltz reported that the Town Board received the Town Clerk ' s Fiscal Year 1995 Report
of Income and Disbursements and reminded the Board that they should audit her records .
535
Town Board Minutes
3 February 12, 1996
Community Council Report
Tom Davis from Community Council reported that the present building at 467 Troy Road does not
meet the Pre-IC/After school needs efficiently. They are seeking alternatives to renting of space for
their programs and other community programs that meet at other facilities. Mr. Davis presented the
Board with information a committee has developed for options to the present building, possible land
l purchase, and possible methods for funding and financing.
• Mr. Davis said that he has been looking at possible sites to purchase for a community building. It is
hoped that a new site and/or building will be available for the programs for next fall .
Adjournment to Public Hearing:
On amotion the Town Board adjourned at 7 : 00 P . M . for a Public Hearing - HUD- 1 .
Town Board Meeting Continued :
The Town Board meeting reconvened at 7: 20 P . M . and Supervisor Oltz led all present to the Pledge
of Allegiance to the American flag.
Approval of January 8, 1996 Town Board Minutes :
Amotion was made by Councilperson Schwartz and seconded by Councilperson Steiner to approve
the January 8, 1996 Town Board Minutes as submitted.
A roll call vote on the motion resulted as follows :
Inman Aye
Schwartz Aye
Steiner Aye
Oltz Aye Carried Unanimously
PRIVILEGE OF THE FLOOR :
Councilperson Inman reported that he would like the Board to schedule a combined meeting of the
Town Board, Planning Board, and the Board of Zoning Appeals to discuss revising the
Comprehensive Plan, possible revisions to the Zoning Ordinance and other issues that are important
to the future of Danby. A meeting was scheduled for 8 : 00 P . M . on Much 11 , 1996 immediately
following the regular Town Board Meeting.
County Representative Report:
County Representative Frank Proto reported on the following :
1 ) Solid Waste Fee - The County has voted to add the County Solid Waste Fee to the 1997
Town and County Tax Bill if approval is received from New York State. A fee cannot be
added to a tax bill without permission from the State.
Councilperson Stiener said that there should be adjustment to charges for the solid waste fee for single
persons with one bedroom, stick build housing, etc.
2 ) Committees - Mr. Proto reported that he has been appointed to the Planning Committee,
Chair of the Rural Affairs Committee , Budget Committee, Economic Development
Committee, and Human Services Committee.
3 ) Inter Municipal Cooperation Committee - A new committee to examine the potential for
consolidation of services.
4 ) Burn Barrels - The County may restrict the use of burn barrels.
5 ) Farm Land Survey - will be presented at the Municipal Officers Meeting on February 28,
1996.
6) Mr. Proto sent a letter to the Public Service Commission on behalfofthe Coddington Valley
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Town Board Minutes
4 February 12, 1996
Association. He attended four (4) of the NYSEG hearings last year and presented the data
he received to the association. He is concerned that the information from NYSEG after May
oflast year was not presented on a regular basis. He said that he felt that any resident that was
potentially affected by that pipeline should have the opportunity to present their case and the
hearings should be re-opened to receive further concerns.
William Farrell - said that he thinks residents should write to their Senators, Assemblymen, and
congressmenregarding the fees being added to County Tax Bills. He said he does not approve of fees
being placed on tax bills. It was bad enough that the fees are sent out on January 1 , 1996 along with
the taxes. Once approval is received for one, how many more could be added?
Highway Report:
Highway Superintendent William Hall reported that the Highway Department spent a lot of time
plowing snow and repairing damage from water. He reported that the Town ofDanby did not receive
as much damage as many Townships. There is a lot of repair to be done as soon as the weather
permits. He attended a session in Cortland on application for reimbursement for funds for damage
due to the January 1996 flood and high water wash outs along Town roads.
Senior Citizens Report:
Edw. M . Roberts reported that the Senior Citizens have a very active chairman and are meeting
monthly. A three (3 ) day trip is being planned for this summer.
Voting Machines :
Edw. M. Roberts reported that our two ( 2 ) voting machines have been reconditioned and returned.
The machines have been switched due to the low usage in West Danby Voting District No. 2.
Building Maintenance:
Edw. M. Roberts repottedlhat a new heater was installed in the basement and that new doorbells have
Obeen installed for handicapped access to the building.
NEW BUSINESS :
Appointment to Board of ZoningAppeals - Approved
A motion was made by Councilperson Schwartz and seconded by Councilperson Stiener to appoint
Charles Cole of 1010 Coddington Road, Ithaca, New York to the Board of Zoning Appeals to fill the
unexpired term of Edward Inman. The term of appointment is to begin immediately and will expire
on June 30 , 1997.
A roll call vote on the motion resulted as follows :
Inman Aye
Schwartz Aye
Steiner Aye
Oltz Aye Carried Unanimously
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Appointment of Planning Board Chair and Vice-Chair - Approved
A motion was made by Supervisor Oltz and seconded by Councilperson Inman to approve the
appointment of Kenneth Horst as Planning Board Chair and Nancy Weitzel as Vice-Chair.
A roll call vote on the motion resulted as follows :
Inman Aye
Schwartz Aye
Steiner Aye
Oltz Aye Carried Unanimously
Response to The Wood Insurance Agency - Approved
The TownBoardreceived a letter from Mr. William Livermore of Wood Insurance Agency regarding
an insurance proposal submitted by his company. Mr. Livermore withdrew his insurance proposal .
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Town Board Minutes
5 February 12 , 1996
otv$«n^-, T/h/e Town Board agreed to respond to the contents of the letter.
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Deputy Town Supervisor Appointed
Supervisor Oltz reported that she has appointed Councilperson Howard. Steiner to serve as Deputy
Town Supervisor.
RESOLUTION NO. 21 of 1996
AUTHORIZATION TO PARTICIPATE IN COOPERATIVE PURCHASING OF HIGHWAY
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SERVICE WITH TOMPKINS COUNTY- Approved
By Supervisor Oltz Seconded by Councilperson Steiner
WHEREAS , the Office of the State Comptroller has ruled that counties may no longer extend their bids for
public work (service) to political subdivision, 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 5-0, Section 119-0 states that " any agreement entered into
hereunder shall be approved by each participating municipal corporation or district by a majority vote 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) ROAD MATERIALS:
Gabions, traffic signs-complete, traffic sign faces and sign materials, traffic control sign panels,
guiderall, icing sand, bituminous material, gravel, limestone, calcium chloride flake, corrugated steel
pipe , polyethylene drainage pipe, sign posts.
f 2) Liquid Bituminous Materials
3) Installation of Perforated Tubing for Subsurface Drainage
4) Calcium Chloride Solution
5) 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:
(Councilperson Johnson absent)
Inman Aye
Schwartz Aye
Steiner Aye
Oltz Aye Carried Unanimously
• RESOLUTION NO 22 of 1996
RESOLUTION AUTHORIZING ASSISTANCE FROM THE TOWN ATTORNEYS
INCLUDING THE COMMENCEMENT OF A PROCEEDING FOR INJUNCTIVE RELIEF
RELATED TO 117 STATION ROAD
By Supervisor Oltz: Seconded by Councilperson Steiner
WHEREAS, the Town of Danby Zoning Officer found, on December 7, 1995 , that there are several
violations ofthe Town ofDanby Local Law Regulating the Maintenance of Real Property in the Town
of Danby; the Town of Danby Zoning Ordinance; and the New York State Uniform fire Prevention
and Building Code, at 117 Station road, Town ofDanby Tax Parcel No. 18. - 1 -4, and
WHEREAS, an Order to Remedy said violations was served upon the owner of the property, Betty
Jane Berggren, on January 26, 1996, ordering remedy of the violations no later than February 23 ,
1996, and
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Town Board Minutes
6 February 12, 1996
WHEREAS, the Town of Danby Zoning Officer has requested, in the event that the violations are
not remedied and the cause of the violations is not eliminated by February 23 , 1996, that the Town
Board authorize the obtaining of assistance from the Town Attorneys in enforcement of the Order to
Remedy, which may include the commencement of a proceeding for injunctive relief in the New York
State Supreme Court, now therefore , it is
RESOLVED, that , in the event that the violations are not remedied and the cause of the violations
is not eliminatedby February 23 , 1996, the Town Board hereby authorizes the obtaining of assistance •
from the Town Attorneys in enforcement of the Order to Remedy which may include the
commencement of a proceeding for injunctive relief in the New York State Supreme Court.
A roll call vote on the resolution resulted as follows :
(Councilperson Johnson absent)
Inman Aye
Schwartz Aye
Steiner Aye
Oltz Aye Carded Unanimously
RESOLUTION NO. 23 of 1996
RESOLUTION AUTHORIZING TOMPIQNS COUNTY INTERMUNICIPAL CABLE
TELEVISION COMMISSION TO NEGOTIATE WITH TIME WARNER CABLE
RENEWAL OF THE MUNICIPALITY' S CABLE FRANCHISE
By Councilperson Schwartz: Seconded by Councilperson Inman
WHEREAS, The Town of Danby ("the Municipality) is provided cable service by Time Warner
Cable; and
WHEREAS, the Municipality recognizes the advantage of cooperation with other municipalities with
regard to cable franchise issues; and
WHEREAS, the Tompkins County Intermunicipal Cable Television Commission has been formed
pursuant to Article 5 -G of the New York General Municipal Law for the purpose of' advising
municipalities on matters pertaining to cable television franchising and service, and holding public
hearings when and where appropriate , all in order to promote the provision of good cable television
service at reasonable rates to the residents of Tompkins County; and
WHEREAS, the Municipality is a member of the Tompkins County Intermunicipal Cable Television
Commission;
NOW THEREFORE , it is :
RESOLVED, thatthe Municipality does hereby authorize the Tompkins County Intermunicipal Cable
Television Commission ("the Commission") to negotiate with Time Warner Cable the renewal of the
Municipality ' s cable franchise, including conducting such public hearings as the Commission deems
appropriate, RESERVING however to the Municipality the ultimate approval, disapproval or •
amendment of the franchise agreement so negotiated; and it is further
RESOLVED, that the Commission is hereby authorized to obtain from Time Warner on behalf of
the Municipality such information as the Commission deems appropriate, and this resolution shall be
deemed the specific instruction and direction of the Municipality to Time Warner to provide such
information as the Commission, as agent of the Municipality, may request.
A roll call vote on the resolution resulted as follows :
(Councilperson Johnson absent)
Inman Aye
Schwartz Aye
Steiner Aye
Oltz Aye Carried Unanimously
533
Town Board Minutes
7 February 12, 1996
RESOLUTION NO. 24 OF 1996
RESOLUTION URGING REHEARING ON THE NEED FOR A PROPOSED NYSEG GAS
PIPELINE
By Councilperson Steiner: Seconded by Councilperson Schwartz
WHEREAS , New York State Electric and Gas Corporation (NYSEG) on March 14, 1995 filed an
application for a Certificate of Environmental Compatibility and Public Need for the Seneca Lake
Storage Project and Gas Transmission facilities, and
WHEREAS, the prime route for the east line of the transmission facilities passes through the Town
ofDanby for 3 . 4 miles, and
WHEREAS, ON February 21 , 1995 , NYSEG mailed a notice to those parties it identified as
interested in the project stating that "the proposal will be subject to extensive analysis and a series of
public hearings" and after the hearings are concluded, the PSC will decide whether the proposed
facilities should be built . . . ." , and
WHEREAS, NYSEG filed a motion on March 14 , 1995 to bifurcate the required PSC review of the
project into two phases, phase 1 of which would address the Salt Cavern Storage Facility, the west
pipeline muting, and the "public need" for the project, with phase 2 addressing the routing of the gas
line from the Town of Ithaca through the Town ofDanby to the Town of Union in Broome County,
and
WHEREAS, Administrative Law Judge Stockholm approved the "unopposed" motion to bifurcate
the proceedings on May 8, 1995 , and
WHEREAS, the public statement hearings on the east line routing were held after the official record
on the issue of public need had been closed, so that no Town ofDanby residents had an opportunity
to testify on this issue, and
WHEREAS, Department of Conservation (DEC), Agriculture and Markets (Ag & Markets), and the
Public Service Commission (PFC) staffhave recommended the adoption of an alternate route through
the Town ofDanby, known as the Danby Tap Alternate, in their initial briefs of January 1996, and
the serious reconsideration ofthis route was never publicly noticed prior to the close of discovery, and
WHEREAS, the residents along the alternate route had no opportunity to participate in phase 1 and
little reason to participate in phase 2, and
WHEREAS, Chapter 272 of the laws of the State ofNew York, 1970 creating the Article VII review
process for such transmission facilities sets forth in section 1 of this Chapter the legislative intent as
follows: "the legislature therefore hereby declares that it shall be the purpose of this act to provide a
forum for the expeditious resolution of all matters concerning the location of . . . gas transmission
facilities ... in a single proceeding to which access will be open to citizens groups, municipalities, and
other public agencies to enable them to participate in these decisions." , and
• WHEREAS , the Danby Town Board believes that its residents have been denied their due process
rights pursuant to Article VII of the Public Service Law, now therefore
BE IT RESOLVED, that the Danby Town Board strongly urges the Public Service Commission to
approve the petition for rehearing on the issue of public need so that interested residents of the Town
ofDanby may have an opportunity to provide relevant testimony.
A roll call vote on the resolution resulted as follows :
(Councilperson Johnson absent)
Inman Aye
Schwartz Aye
Steiner Aye
Oltz Aye Carried Unanimously
54 `)
Town Board Minutes
8 February 12, 1996
The Board requested that copies of Resolution No. 24 be sent to :
Mr. John F. O 'Mara, Chair Public Service Commission
Tompkins County Board of Representatives
Assemblyman Martin Luster
Senator John R. Kuhl
Congressman Maurice Hinchey
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ADJOURNMENT :
On a motion the meeting adjourned at 8 : 25 P.M.
ti..49-1 2i) ) g4,e2
Carol W. Sczepan , own Clerk
min-2- 12. 96
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