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HomeMy WebLinkAbout1996-04-08 5 -5 1 Town Board Minutes April 8, 1996 TOWN OF DANBY TOWN BOARD MINUTES APRIL 8, 1996 Regular Meeting 6 : 00 P. M. April 8, 1996 PRESENT : Supervisor Mary Oltz Councilpersons : Edward Inman, Rosa Lee Johnson, Joseph Schwartz, Howard Steiner Others Present: County Representative - Frank Proto Town Clerk - Carol Sczepanski Highway Superintendent - William Hall N. Y. S . Police - Sgt. Timothy Rudd Members of the Public: David Noteboom, Joel Gagnon, Silas and Gabe Dodgen, Kathy Lind, Mike Buell, Bill Farrell, Roy Casterline, Bill Livermore Supervisor Oltz called the meeting to order at 6 : 00 P .M. and led all present to the Pledge of Allegiance to the American flag. Approval of March 11 , 1996 Town Board Minutes: A motion was made by Councilperson Steiner and seconded by Councilperson Inman to approve the March 11 , 1996 Town Board Minutes as published. A roll call vote on the motion resulted as follows : Inman Aye Johnson Aye Schwartz Aye Steiner Aye Oltz Aye Carried Unanimously Additions to Agenda: 1 ) Voucher No's. 117 and 118 in the amount of $ 117 . 00 to the General Fund Warrant No . 4 of 1996 for a total of $9, 781 . 98 . 2) Councilperson Johnson requested the discussion of Town insurance be added to the Agenda. No Board member objected. Approval of Warrants : . General Fund Warrant No. 4 of 1996 - Approved A motion was made by Councilperson Schwartz and seconded by Councilperson Steiner to approve the General Fund Warrant No. 4 of 1996, voucher numbers 91 - 118 in the amount of $9, 781 . 98 . A roll call vote on the motion resulted as follows : Inman Aye Johnson Aye Schwartz Aye Steiner Aye Oltz Aye Carried Unanimously 551 2 Town Board Minutes April 8, 1996 Highway Fund Warrant No. 4 of 1996 - Approved A motion. Was made by Councilperson Inman and seconded by Councilperson Schwartz to approve the Highway Fund Warrant No. 4 of 1996, voucher numbers 44 - 60 in the amount of $ 10, 879. 44 . A roll call vote on the motion resulted as follows : Inman Aye • Johnson Aye Schwartz Aye Steiner Aye Oltz Aye Carried Unanimously West Danby Water District Fund Warrant No. 4 of 1996 - Approved A motion was made by Councilperson Steiner and seconded by Councilperson Schwartz to approve the West Danby Water District Fund Warrant No . 4 of 1996, voucher numbers 13 - 17 in the amount of $ 1 , 086. 48 . A roll call vote on the motion resulted as follows : Inman Aye Johnson Aye Schwartz Aye Steiner Aye Oltz Aye Carried Unanimously Supervisor' s March 1996 Report - Approved A motion was made by Councilperson Schwartz and seconded by Councilperson Inman to approve the Town Supervisor ' s March 1996 Report as submitted. A roll call vote on the motion resulted as follows : Inman Aye Johnson Aye Schwartz Aye Steiner Aye Carried T r Town Clerk' s March 1996 Report - Approved A motion was made by Councilperson Inman and Seconded by Councilperson Steiner to approve the • Town Clerk ' s March 1996 Report as submitted. A roll call vote on the motion resulted as follows : Inman Aye Johnson Aye Schwartz Aye Steiner Aye Oltz Aye Carried Unanimously PRIVILEGE OF THE FLOOR: Councilperson Schwartz asked that the Board consider changing how the Town considers funding for youth programs and suggested that the Youth Commission be considered in the process . I . , ' i i 5 .52 3 Town Board Minutes April 8, 1996 Supervisor Oltz reported that a decision was received today from the court in the matter of Greene verses the Town of Danby. The Judge ruled in favor of the Town of Danby. Susan Hautala, Town Historian, reported that the large armoire has been sold for $650 . 00. She plans to purchase an oak display case to be placed in the Town Hall. There is a balance of $969 . 67 in the Town Historian account. She said that preparations for committees are in progress to make plans for a bi-centennial celebration for the Town of Danby in 1997 . Comprehensive Plan Up-date: Joel Gagnon reported that the Planning Board received a recommendation from the Town Board to update the Comprehensive Plan . The plan allows for development nearly any place in the Town and there is not a. way to object to high density when it is proposed as it is what the health department allows. He said he does not think that is what most people in Danby want. Residents need a way to object to proposals for development in low density zones and where the proposal is out of character with the neighborhood. There is basically no rational plan for development in the Town. Discussion: Councilperson Johnson responded and said that she would tend to disagree with Joel' s statement that it is not what most people in Danby wanted. It depends on with whom you talk. She said that she believes that the zoning and the Comprehensive Plan should be for the use of the people in a reasonable way that preserves the integrity of the environment. Councilperson Schwartz said that at a combined meeting of the Zoning Board of Appeals, Planning Board and Town Board, they discussed the need to plan for a business zone. We need to think about it carefully, cite it properly and promote it aggressively. We need to zone high density and low density zones and enforce them. Councilperson Steiner said he supports promoting businesses in Danby. He said what he heard from our combined informational meeting of our town boards, only two or three of the members present were opposed to any increase of development in Danby. He said he is not prepared to absorb tax increases as a result of no expansion personally or as a member of the Town Board. Councilperson Inman said that we need to look at our low density areas and give residents some protection in those areas . We need to ask some of the larger land owners what the long term plans for their property is and zone those areas appropriately. B>U Farrell responded to the proposed revision of the Comprehensive Plan and said that he thinks we should be able to develop the land along the road. There is a lot of land in Danby that cannot be developed. He said his theory is, that if you want to have a lot of open land, buy it and pay the taxes on it. Don 't expect somebody else to let it sit and not build on it. Supervisor Oltz introduced Michael Buell, our Town Hall Caretaker to the Board and residents. Sergeant Rudd of the New York State Police reported that he was attending tonight as a follow up visit to remind the Board and residents that the NYS Police were available in our area and that there were • no problems. COMMUNICATIONS: . 1 ) Supervisor Oltz received a letter from the Public Service Commission to Mr. Louis Freeman of the Coddington Valley Association thanking him for his letter in connection with the petition for re-hearing in the Seneca Lake Gas Storage Project Case. 2) N. Y. S . Retirement has put a limit on wages with a cut off limit of $ 150, 000 . 00 per year. 3 ) Washington D. C . is hosting a Business Day on April 29 & 30 . If any Board Members wish to attend they should contact Supervisor Oltz_ aNNEMINIII 553 4 Town Board Minutes April 8, 1996 4) Meeting of the Six Mile Creek Watershed Committee will meet at the Caroline Town Hall on April 30, 1996 to discuss a proposed water quality draft plan. 5 ) School Board Election will be held on May 7, 1996 from 12 :00 noon to 9 :00 P . M. at the Town Hall. 6) Supervisor Oltz has hired Shawn Henderson to mow the Town Cemeteries and the lawn at the Town Hall this season. • 7) N. Y. P . R. I. G. Research Group may be soliciting door to door in our area for a brief p eriod from May 1 to August 31 , 1996. NYPRIG is a. consumer advocates group . REPORTS: Community Council - Joel Gagnon reported that the Community Council is planning a summer recreation program. There have been ten ( 10) applicants for the position of Summer Recreation Director. A sub committee will review the applicants for the Program Director next week. The Youth Center will remain at 467 Troy Road for the coming year. The building committee is looking into sources of available grants . Code Enforcement Office Report - March 1996 Received SPCA Report - March 1996 Received Highway Report; Highway Superintendent Hall reported that during March the department has been busy plowing snow, cindering, patching pot holes, chipped a large amount of brush. The department is using a 1978 wood chipper that is dangerous to the operators. He is temporarily using, on a trial basis a 1989 OSHA approved chipper from R. Beck Equipment that can be purchased for $ 11 , 000 less trade allowance of $3,000 for the old 1978 chipper for a total to the Town for $8 , 000 . 00. There are funds in the highway equipment account for this purchase. Hillview Road Culvert: The culvert in West Danby on Hillview Road needs to be replaced. The pipe can be purchased for $8,920 and with wing and toe walls included the price will be $ 14, 004 . 00 . It may be possible to use only the pipe and toe walls for an approximate cost of $9, 194. 00. Counci7person Steiner asked the Highway Superintendent to if he could submit a status report and a work plan for 1996 repairs to our Town Road. Highway Superintendent Hall said that his annual Agreement to spend money will be completed this month. Danby Cemetery Association : Susan Hautala reported that the Town has a Danby Cemetery Association that is mandated by the • State to meet at least once a year. Mr. VandeBogart is head of the Association . County Representative Report: Representative Proto reported on the following : 1 ) He will be the County Representative on our Local Board of Assessment Review (Grievance Day) will be May 15, 1996 from 3 - 6 P .M. 2) Reading Rooms - A review of the Danby Room will be held here at the Town Hall on May 18, 1996. The Director of the Public Library, Janet Steiner will be sending notification soon. 3 ) DSS Building - A public hearing was held on the site of the Proposed DSS Building and site. Six or seven members of the public spoke in varying degrees in opposition of the proposal and two (2) in favor of the proposal. There is someone interested in obtaining the existing DSS building on Trumansburg Road. 554 5 Town Board Minutes April 8, 1996 Discussion followed regarding the cost of a new DSS building and what will this mean in how will it affect our property taxes . 4) Bridge in West Danby - Director of Historic Ithaca, Edward Fran Quemont may be able to supply us with information on whether funds are available to restore a portion of the Bridge on Valley View Road in West Danby . Highway Superintendent William Hall responded that in order for the Town of Danby for the bridge to be considered historical it must be a minimum of twenty (20) feet. The bridge in West Danby is only ten ( 10) feet. 5 ) FEMA - Deadline for FEMA application deadline has been extended to April 22, 1996 . A letter of intent to apply can be sent to them from the Town to reserve funding. 6) Agriculture and Farmland and Protection Meeting - discussion was regarding the circuit breaker taxing for tax relief on faun lands . A resolution will be presented to the County Board of Representatives soon. 7) Appointment Francois Bereaud to the County Youth Board was approved by the County. 8) County Planning Department Assistance - Municipalities who request administrative assistance from the County Planning Department should request in writing all terms of all agreements . Municipalities are charged a fee for their administrative service related to grants, proposals, planning information and other professional services . It was suggested that we obtain a copy of the HUD Guidelines. 9) A Planning Federation Workshop for SEQR was held for planning officials . The session was taped and interested persons can obtain a copy from the County Planning Department. 10) Scatter Law - Tim Joseph is proposing that all retail stores be responsible for errors from scanners, that the customer be allowed to keep the merchandise without charge in addition to any of the same items on the shelf. 11 ) Snow and Ice Contract - it is time to review the Snow and Ice Contracts with Tompkins County to make sure that the Town is reimbursed at the proper rate. 12) Hillview Road Landfill - The committee does not want to bring to closure the concept that the Hillview Road Landfill Closure is complete and there are no traces of contamination. The idea is to maintain the monitoring and to continue to test for contamination. With the cap in place, the amount ofleachate being produced is low and the impacts are localized. It is expected to remain that way but it must be continued to be monitored. Motion to Continue Meeting: A motion was made by Councilperson Schwartz and seconded by Supervisor Oltz to extend the • meeting to 8 :30 P .M. Carried Unanimously OLD BUSINESS: Insurance Discussion Councilperson Johnson said that in January the Town approved an insurance package for the Town. It appeared from information she has received that experts could be obtained to review of bid proposals on insurance packages for the Town insurance. She requested that the Board seek an outside insurance consultant to review the insurance bids . Supervisor Oltz reported that the Town has made provisions to hire a consultant to make recommendations to the Town regarding our insurance package and to assist in the development of a list of specifications for agencies to assist in the preparation of bids. 555 6 Town Board Minutes April 8, 1996 Councilperson Schwartz will contact an insurance professional consultant review our policy and schedule a meeting with the Board. RESOLUTION NO. 31 OF 1996 APPROVING THE CHARTER AND BYLAWS FOR THE TOMPKINS COUNTY INTERMUNICIPAL CABLE TELEVISION COMMISSION By Councilperson Schwartz: Seconded by Councilperson Steiner WHEREAS, the Town of Danby has previously recognized the value of its constituents of intermunicipal cooperation in the regulation of cable television by agreeing to participate in the Tompkins County Intermunicipal Cable Television Commission (TCICTC), an advisory body to the County of Tompkins and approving a representative to same ; and WHEREAS, this Commission has formulated, endorsed and forwarded a CHARTER AND BYLAWS dated October 12, 1994 governing its actions to the Town of Danby for its review, consideration and approval; be it therefore RESOLVED, that the Town of Danby Town Board authorizes the Supervisor to affix her signature to said document affirming the approval by this Board of the CHARTER AND BYLAWS OF THE TCICTC. A roll call vote on the resolution resulted as follows : Inman Aye Johnson Aye Schwartz Aye Steiner Aye Oltz Aye Carried Unanimously RESOLUTION NO. 32 OF 1996 APPOINTMENTS TO LOCAL ADVISORY BOARD OF ASSESSMENT REVIEW By Councilperson Johnson : Seconded by Councilperson Inman WHEREAS, the Local Advisory Board of Assessment Review for the Town of Danby is scheduled to meet from 3 :00 to 6:00 P.M. on Wednesday, May 15, 1996 at the Danby Town Hall, 1830 Danby Road, Ithaca, New York, and WHEREAS, the Town Board must appoint two (2) representatives to serve on the Local Advisory Board of Assessment Review, now be it RESOLVED, that the Town of Danby Town Board appoints County Representative Frank Proto and Councilperson Joseph Schwartz to serve on the Local Advisory Board of Assessment Review on May 15, 1996. A roll call vote on the resolution resulted as follows : SInman Aye Johnson Aye Schwartz Aye Steiner Aye Oltz Aye Carried Unanimously RESOLUTION NO. 33 OF 1996 REBINDING RESOLUTION NUMBER 53 OF 1995 ENTITLED"HIGHWAY PERSONNEL VACATION PAY POLICY FOR RESIGNATIONS AND RETIREMENT" By Councilperson Johnson : Seconded by Councilperson Inman WHEREAS, on March 25 , 1996, Town Supervisor Mary Oltz, David Noteboom, Danby Highway Civil Service Employees Association representative and Michael White of CSEA met to clarify ARTICLE XIX VACATIONS, and , , 556 7 Town Board Minutes April 8, 1996 WHEREAS, Mr. Noteboom and Mr. White agreed that SECTION I of SCHEDULE A vacations should have the word AFTER added before one year of service, before two years of service, before nine years of service and before fifteen years of service to clarify the vacation earned but not used at the time an employee resigns or retires, and WHEREAS, the policy for making payments to an employee at the time of resignation or retirement set out in RESOLUTION NUMBER 53 of 1995 is now superseded by the addition made to page 15 by David Noteboom and Michael White and agreed to by Supervisor Mary Oltz, and WHEREAS, a copy of Page 15 with the addition of the word AFTER is made a part of and attached • to this resolution, now be it RESOLVED, that Resolution Number 53 of 1995 be rescinded. A roll call vote on the resolution resulted as follows : man Aye Johnson Aye Schwartz Aye Steiner Aye Oltz Aye Carried Unanimously RESOLUTION NO. 33 OF 1996 REBINDING RESOLUTION NUMBER 53 OF 1995 ENTITLED"HIGHWAY PERSONNEL VACATION PAY POLICY FOR RESIGNATIONS AND RETIREMENT" By Councilperson Johnson : Seconded by Councilperson Inman WHEREAS, on March 25, 1996, Town Supervisor Mary Oltz, David Noteboom, Danby Highway Civil Service Employees Association representative and Michael White of CSEA met to clarify ARTICLE XIX VACATIONS, and WHEREAS, Mr. Noteboom and Mr. White agreed that SECTION I of SCHEDULE A vacations should have the word AFTER added before one year of service, before two years of service, before nine years of service and before fifteen years of service to clarify the vacation earned but not used at the time an employee resigns or retires, and WHEREAS, the policy for making payments to an employee at the time of resignation or retirement set out in RESOLUTION NUMBER 53 of 1995 is now superseded by the addition made to page 15 by David Noteboom and Michael White and agreed to by Supervisor Mary Oltz, and WHEREAS, a copy of page 15 with the addition of the word AFTER is made a part of and attached to this resolution, now be it RESOLVED, that Resolution Number 53 of 1995 be rescinded. • A roll call vote on the resolution resulted as follows : Inman Aye Johnson Aye Schwartz Aye Steiner Aye Oltz Aye Carried Unanimously RESOLUTION NO. 34 OF 1996 APPROVAL FOR HIGHWAY PURCHASE OF 1989 WOOD CHIPPER By Councilperson Schwartz : Seconded by Councilperson Inman 557 8 Town Board Minutes April 8, 1996 WHEREAS, The Town Highway Superintendent has reported to the Town Board that the 1978 model wood chipper owned by the Town is very old, untrustworthy, and dangerous to operate, and WHEREAS, he has the opportunity to purchase a 1989 OSHA Approved wood chipper from R. Beck Equipment that is adequate to meet the highway department needs, now be it RESOLVED, that the Town Board authorize the Highway Superintendent to purchase a used 1989 Model 1200 Brush Bandit, OSHA Approved, from R. Beck Equipment Company for $ 11 , 000 . 00 less • trade in allowance of $3, 000. 00 for a total purchase price of $8 , 000. 00. A roll call vote on the resolution resulted as follows : Inman Aye Johnson Aye Schwartz Aye Steiner Aye Oltz Aye Carried Unanimously Councilperson Steiner said that he recommends in the future, when at all possible other than emergencies, that the Board be provided with additional information. He said he voted for the purchase because he did not want employees put in a dangerous situation. Councilperson Schwartz explained that the Highway Superintendent did plan to replace the old wood chipper this year. ADJOURNMANT: On a motion the meeting adjourned at 8 :30 P. M. dettliii• j / 4044C Carol W. Scze tr' / Town Clerk min-4-8 . 96 •