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HomeMy WebLinkAbout1996-07-08 579 1 Town Board Minutes July 8 , 1996 TOWN OF DANBY TOWN BOARD MINUTES Regular Meeting 6 : 00 P.M. July 8, 1996 PRESENT : Supervisor Oltz Councilpersons : Edward. Inman, Joseph. Schwartz, Howard Steiner • ABSENT : Councilperson Johnson (Excused) Others Present : County Representative - Frank Proto • Code Enforcement Officer - Susan Beeners Town Clerk - Carol Sczepanski Members of the Public : Roy Casterline, Joel Gagnon, Peter Voorhees , Elizabeth Owens-Roe, Robert Roe 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 MINUTES Correction to June 10 , 1996 Town Board Minutes Page 4 - Under HUD Discussion - delete "was reduced" insert will be deducted . Delete [She did not realize that the Town would be billed $3 ,000 . ] Approval of June 10, 1996 Town Board Minutes A motion was made by Councilperson Schwartz and seconded by Councilperson Steiner to approve the June 10 , 1996 Town Board Minutes as corrected . A roll call vote on the motion resulted as follows : Inman Aye Schwartz Aye Steiner Aye Oltz Aye Carried Unanimously Approval of June 10 , 1996 Public Hearing Minutes - Angelheart A motion was made by Councilperson Schwartz and seconded by Councilperson Inman to approve the June 10, 1996 Public Hearing Minutes - Angelheart Designs , Inc . as published . • A roll call vote on the motion resulted as follows : Inman Aye Schwartz Aye Steiner Aye Oltz Aye Carried Unanimously Approval of June 20 , 1996 Public Information Minutes and Special Meeting Minutes A motion was made by Supervisor Oltz and seconded by Councilperson Inman to approve the Public Information Minutes and the Town Board Special Meeting Minutes of June 20 , 1996 as published . A roll call vote on the motion resulted as follows : 5S0 2 Town Board Minutes July 8 , 1996 Inman Aye Schwartz Abstained Steiner Aye Carried Oltz Aye Letter from Board to Legislators - Re : School Boards The Town Board received a draft letter from. Councilperson Schwartz for the Board to review regarding the structure of the Ithaca City School letter representation Town Clerk to send the outlying rural townships . The Board approved of the etter and directed d th letter to our New York Legislators . • APPROVAL OF WARRANTS General Fund Warrant No . 7 of 1996. - Approved A motion was made by Councilperson Schwartz voucher numbersseconded 180 -211 ,gin the amount of $ 10 ,4 approve 4 . 21 the General Fund Warrant No . 7 of 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 . 7 of 1996 - Approved A motion was made by Councilperson Inman and seconded by Councilperson Schwartz to approve the Highway Fund Warrant No . 7 of 1996 , voucher numbers 95 - 107 , in the amount of $ 10 ,210 .48 . 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 . 7 of 1996 - Approved A motion was made by Councilperson Schwartz and seconded by Councilperson. Steiner to approve the West Danby Water District Fund Warrant No . 7 , voucher numbers 24-26 , in the amount of $ 214 . 05 . A roll call vote on the motion resulted as follows : Inman Aye Schwartz Aye Steiner Aye Oltz Aye Carried Unanimously • Town Supervisor' s June 1996 Report - Approved A motion was made by Councilperson Schwartz and seconded by Councilperson Inman to approve the Town Supervisor' s June 1996 Report as submitted . A roll call vote on the motion resulted as follows : Inman Aye Schwartz Aye Steiner Aye Carried Unanimously 581 3 Town Board Minutes July 8 , 1996 Town Clerk' s June 1996 Report - Approved A motion was made by Councilperson Schwartz seconded by Councilperson Inman to approve the Town Clerk ' s June 1996 report 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 The Town. Clerk also submitted the final payment of 1996 Tax Collection penalties in the amount of $2 , 364 . 95 . West Danby Water District Supervisor, Roy Casterline, reported that the Town of Danby Water Lines are listed on the UFPO Maps . Edward Roberts , Voting Machine Custodian reported that the Sequoia Pacific Repair Service will repair our voting machine on July 11 , 1996 . Joel Gagnon reported that the West Danby Community Group will be hosting a picnic on July 27 , 1996 from 11 : 00 a . m . to 2 : 00 p . m . All Danby Residents are invited and are asked to furnish a dish to pass . Supervisor Oltz reported on the following : 1 ) The Town applied for additional funds from the County Municipal Jobs Program and has received additional funding in the amount of $ 1 , 500 . 00 . 2) Comfort Road Bridge Project has been moved to 1997 . The County has a one time chance to apply for IAP Funding (Industrial Access Program) and the Comfort Road Bridge is the only one in Tompkins County that qualifies at this time . The IAP funds will result in a savings of $200, 000 . 00 to the County. 3 ) The Town Accounting Program is outdated and needs to be upgraded and she has received quote from Williamson. The upgrade will cost $ 1 , 500 . 00 . 4) The Town was approved for FEMA funds in the amount of $ 2 ,403 . 00 . 5 ) Danby Youth Commission meeting for July is canceled. She reported that this is a seven (7) member board and only two (2) members attended last meeting . The Commission does not appear to be functioning . • 6) Tompkins County Intermunincipal Cable Commission has sent a model franchise agreement to review . REPORTS Code Enforcement Office June 1996 Report - Received SPCA - May 1996 Report - Received Highway Department June 1996 Report - Received Senior Citizen Report Edw. M . Roberts reported that the senior' s went on a three (3 ) day trip to Hershey Pennsylvania and all had a wonderful time . 582 4 Town Board Minutes July 8 , 1996 Community Council Joel Gagnon reported that Community Council has received Summer Jobs Youth funds that have been applied towards the Pond Program and additional help for the Summer Recreation Program . OLD BUSINESS : Appointment to Planning Board - No Action A motion was made by Councilperson Schwartz and seconded by Councilperson Steiner to reappoint r Joel Gagnon to the Town of Danby Planning Board for a seven (7) hear term to begin irrunediately and to expire on. June 30 , 2003 . A roll call vote on the motion resulted as follows : • Inman Nay • Schwartz Aye Steiner Aye Oltz Nay No Action Appointment to Planning Board - Approved A motion was made by Councilperson Inman and seconded by Supervisor Oltz to appoint Gerald Catlin to the Town of Danby Planning Board for a seven (7 ) year term to begin immediately and to expire on June 30 , 2003 . A roll call vote on the motion resulted as follows : Inman Aye Schwartz Aye Steiner Aye Oltz Aye Carried Unanimously Supervisor Oltz and the Town Councilpersons thanked Joel Gagnon for his thirteen ( 13 ) years of service to the Town of Danby on the Planning Board . Appointment to Board of Zoning Appeals - Approved A motion was made by Councilperson Schwartz and seconded by Councilperson Steiner to appoint Joel Gagnon to the Town of Danby Board of Zoning Appeals for a five (5 ) year term to begin immediately and to expire on June 30 , 2001 . A roll call vote on the motion resulted as follows : Inman Aye Schwartz Aye Steiner Aye Oltz Aye Carried Unanimously NEW BUSINESS : Town of Danby Subdivision Regulations Revision - Proposed Local Law The Town of Danby Planning Board have reviewed and approved of Proposed Subdivision Regulation Revision and have sent them to the Town Board to consider adoption . Motion to Schedule Public Hearing - Proposed Subdivision Regulations and A. Local Law Amending the Subdivision Regulations of the Town of Danby A motion was made by Councilperson Schwartz and Seconded by Councilperson Inman to set a public hearing for 6 : 00 P . M . , Wednesday , August 7 , 1996 , to hear comments and concerns for the Proposed Subdivision Regulations and A Local Law Amending the Subdivision Regulations of the Town of Danby . S$3 5 Town Board Minutes July 8 , 1996. A roll call vote on the motion resulted as follows : Inman. Aye Schwartz Aye Steiner Aye Oltz Aye Carried Unanimously Renovation and Expansion of the Town of Danby Town Hall Supervisor Oltz reported that on June 20 , 1996 the Town Board held a Public Information Meeting to hear comments from the public on the renovation and expansion of the Town of Danby Town Hall . At a special meeting of the Town Board, following the public hearing, the Board voted to approve the 1966 proposal as submitted by the Building Committee . The Board reviewed the proposal and estimated cost of $ 387 ,223 . 50 for the renovation and expansion project of the Town Hall . Councilperson Steiner said that it appears the cost is $29,000 . 00 more than was presented at the June 20, 1996 Public Information Meeting . The Town Attorney has recommended adding $ 3 , 000 . 00 for site work, $5 , 500 . 00 for demolition . It was his understanding that the site work could be done by our highway department and that the cost of removing the back of the building were included in that proposal . The bonding period is only for a ten year period . Supervisor Oltz said that those costs must be added to the project . The 5 % contingency was increased and is an additional expense . Attorney Barney reported to the Board that a wood frame building can only be bonded for a ten ( 10) year period. The Board discussed seeking information and quotes from other architectural firms for the Town Hall Renovation/Addition Project. They will ask several several architects to submit proposals for design development, preparation of bid documents and supervision of the project . Resolution No . 40 of 1996 - Approved TOWN HALL RENOVATION/ADDITION PROJECT - SEQR DETERMINATION OF ENVIRONMENTAL SIGNIFICANCE By : Supervisor Oltz : Seconded by Councilperson Steiner WHEREAS , the Town of Danby Town Board is considering approval of a Town Hall Renovation/Addition Project, with said project to consist of the renovation of the existing Town Hall meeting room wing, demolition of the existing rear office wing, and construction of a new addition, with related site work, located at 1830 Danby Road, Town of Danby Tax Parcel No . 10 . - 1 -22 and No . 10 . - 1 -23 ; and WHEREAS , the project is an Unlisted Action for which the Town of Danby Town Board is legislatively determined to act as Lead Agency to environmental review; and WHEREAS, the Town Board has reviewed the draft Short Environmental Assessment Form and the recommendation of the Code Enforcement Officer that a negative determination of environmental significance be made for this action ; now, therefore, it is RESOLVED , that the Town of Danby Town board, acting as Lead Agency in the environmental review of this Unlisted Action, being the Town Hall Renovation/Addition Project, accepts the recommendation of the Code Enforcement Officer and makes and hereby does make a negative determination of environmental significance . . I . I . SY7 6 Town Board Minutes July 8 , 1996 A roll call vote on the resolution resulted as follows : Inman Aye Schwartz Aye Steiner Aye Carried Unanimously Oltz Aye (Councilperson Johnson absent) RESOLUTION NO . 41 OF 1996 - Approved RESOLUTION AUTHORIZING THE RENOVATION AND EXPANSION OF THE TOWN HALL , AUTHORIZING THE EXPENDITURES OF FUNDS FROM THE TOWN HALL BUILDING RESERVE FUND FOR SUCH PURPOSE,HE ALANCE OF THE COSTS OF ISSUANCE AND SALE OF SERIAL BONDS FOR By Supervisor Oltz : Seconded by Councilperson Inman WHEREAS , the Town Board of the Town of Danby has found that the present Town offices at 1830 Danby Road, Ithaca, New York, are inadequate for the needs of the citizens of the community , the staff of the Town, and the Town Board; and WHEREAS, the Town Board of the Town of Danb has investigate other a number of possible alternatives regarding new construction, renovation, a WHEREAS , the Town Board has solicited comments from a facilities committee , a building committee , and residents of the Town of Danby to assist the Town Board in making its decision regarding the future of the Town Hall ; and WHEREAS , the Town Board retained the architectural firm of Demjanec & Associates, Architects, for the purposes of analyzing the cost of renovating �and the taxpayers lof the Town of Danby ;and Hall at a cost that was reasonable to the Town Board WHEREAS, the Town Board has received the report of such architectural firm indicating that the building may be renovated, an addition constructed, and a portion of the existing building demolished, all at a price and upon terms that the Town board believes to be appropriate ; and from WHEREAS , the need for demolition of part of the current addition to the Town Hall results ts k g the requirements of making Town Hall available to persons under disabilities, and t the existing addition to the Town Hall so accessible is prohibitive ; and WHEREAS , the renovation of the existing Town Hall , the demolition of a portion of the existing addition, and the construction of a new addition has all been determined to be an "Unlisted Action" pursuant to the regulations of the New York State Department of Environmental Conservation promulgated pursuant to the State Environmental Quality Review Act and the laws and regulations of the Town of Danby , the implementation of which as proposed, the Town Board has determined will not result in any significant environmental effects ; and WHEREAS, it is now desired to authorize the renovation of the Town Hall , the demolition of the current addition to the Town. Hall , and the construction of a new addition, and the financing of such capital project; NOW , THEREFORE, BE IT RESOLVED by the Town Board of the Town of Danby as follows : Section 1 . The Town of Danby hereby authorizes the expenditure of up to $387 ,223 . 50 for the renovation of the existing Town Hall , the demolition of the addition to said Town Hall , and the construction and equipping of a new addition to the Town Hall , all of said actions being authorized pursuant to Section 220 of the Town Law . Section 2 . That for the object or purpose of paying part of the costs of MENEM 7 Town Board Minutes July 8 , 1996 renovation and construction including demolition, grading, site improvements, original furnishings and equipment, machinery or apparatus required for the purposes for which said building is to be used, and other improvements and incidental expenses necessary in connection therewith, $250 , 000 . 00 of the General Obligation Serial Bonds of the Town of Danby, New York, are hereby authorized to be issued pursuant to the provisions of the Local Finance Law . Section 3 . $ 387 ,223 . 50 is estimated as the maximum cost for the renovation, demolition, and construction and equipping of the Town Hall , hereinafter collectively referred to as the "Project" . Section 4. The plan for the financing of the Project consists of (a) The expenditure of $ 137 ,223 . 50 from the "Town Building Construction, Repair of Facilities, and Compliance with Americans with Disabilities Act Reserve Fund" established by the Town Board ; and (b) The issuance of General Obligation Serial Bonds of the Town in the principal sum of not more than $250 ,000 . 00 , to be issued pursuant to the Local Finance Law for a portion of the remaining costs of renovating, demolition and construction . Section 5. It is hereby determined that the period of probable usefulness of the aforesaid specific objects or purposes is 10 years , pursuant to Subdivision 12 (a)(3 ) of Paragraph a of Section 11 . 00 of the Local Finance Law. It is further determined that the maximum maturity of the serial bonds herein authorized will exceed five years . Section 6, The full faith and credit of said Town of Danby, Tompkins County, New York, are hereby irrevocably pledged to the payment of the principal of and interest on said bonds as the same respectively become due and payable . An annual appropriation shall be made in each year sufficient to pay the principal of and interest on such bonds becoming due and payable in such year. There shall annually be levied on all the taxable real property in said Town a tax sufficient to pay the principal of and interest on such bonds as the same become due and payable . Section 7 . Such bonds shall be in fully registered form and shall be signed in the name of the Town of Danby, New York, by the manual or facsimile signature of its Supervisor, and a facsimile of its corporate seal shall be imprinted thereon and attested by the manual or facsimile signature of its Town Clerk. Section 8 . The powers and duties of advertising such bonds for sale, conducting the sale and awarding the bonds , are hereby delegated to the Town Supervisor, who shall advertise such bonds for sale , conduct the sale, and award the bonds in such manner as he or she shall deem best for the interested of said Town, provided, however, that in the exercise of these delegated powers , he or she shall comply fully with the provisions of the Local Finance Law and any order or rule of the State Comptroller applicable to the sale of municipal bonds . The receipt of the Supervisor shall be a full acquittance to the purchaser of such bonds , who shall not be obliged to see to the application of the purchase money . Section 9. Subject to the provisions of the Local Finance Law, the power to authorize the issuance and to sell bond anticipation notes in anticipation of the issuance and sale of the serial bonds herein authorized, including renewals of such notes, is hereby delegated to the Supervisor, the Chief Fiscal Officer. Such notes shall be of such terms, form and contents , and shall be sold in such manner as may be prescribed by said Supervisor, consistent with the provisions of the Local Finance Law . Section 10. All other matters, except as provided herein relating to such bonds, including determining whether to issue such serial bonds having substantially level or declining debt service and all matters related thereto , prescribing whether manual or LS— D6 8 Town Board Minutes July 8 , 1996 facsimile signatures shall appear on said bonds , prescribing the method for the recording of ownership of said bonds, appointing the fiscal agent or agents for said bonds , providing for the printing and delivery of said bonds (and if said bonds are to be executed in the name of the Town by the facsimile signature of the Supervisor, providing for the manual countersignature of a fiscal agent or of a designated official of the Town) , the date , denominations, maturities and interest payment dates, place or places of payment, and also including the consolidation with other issues , shall be determined by the Supervisor . It is hereby determined that it is to the financial advantage of the Town of Danby not to impose and collect from registered owners of such serial bonds any charges for mailing, shipping and insuring bonds transferred or exchanged by the fiscal agent, and accordingly, pursuant to paragraph c of Section 70 . 00 of the Local Finance Law, no such charges shall be so collected by the fiscal agent . Such bonds shall contain substantially the recital of validity clause provided for in Section 52 . 00 of the Local Finance Law and shall otherwise be in such form and contain such recitals in addition to those required by Section 52 . 00 of the Local Finance Law, as the Town Supervisor shall determine . Section 11 . This resolution shall constitute a statement of official intent for purposes of Treasury Regulations Section 1 . 150- 1 . Other than as specified in this resolution, no moneys are , or are reasonably expected to be , reserved, allocated on a long-term basis , or otherwise set aside with respect to the permanent funding of the object or purpose described herein . Section 12 . The validity of such bonds may be contested only if: 1 . Such bonds are authorized for an object or purchase for which said Town is not authorized to expend money, or 2 . The provisions of law which should be complied with at the date of publication of this resolution are not substantially complied with, and an action, suit or proceeding contesting such validity is commenced within 20 days after the date of publication, or 3 . Such bonds are authorized in violation of the provision of the Constitution. Section 13 . Pursuant to the provisions of Section 6-c of the General Municipal Law, as amended, the Town Supervisor of the Town of Danby be and such Supervisor hereby is authorized and directed to expend from the "Town Building Construction, Repair of Facilities , and Compliance with Americans with Disabilities Act Reserve Fund" of the Town of Danby, duly established by resolution of the Town Board, the sum of $ 137,223 . 50 for the purposes of renovating the existing Town Hall , demolishing the addition on the current Town Hall , and constructing and equipping a new addition, upon receipt of requisitions for sums for same pursuant to approved bids in appropriate form for such work . Section 14. Within 10 days after the adoption of this resolution by the Town Board, the Town Clerk shall , as set forth in Section 90 of the Town Law, post and publish a notice which shall set forth the date of the adoption of this resolution and contain an abstract of this resolution, concisely stating the purpose and effect thereof Such notice shall specify that such resolution was adopted subject to a permissive referendum . Section 15 . If no referendum is requested , or if requested , a referendum is held and the referendum approves the resolution, this resolution shall be published in full by the Town Clerk of the Town of Danby, together with a notice in substantially the form prescribed by Section 81 . 00 of said Local Finance Law, such publication to be in the Ithaca Journal , a newspaper published in the City of Ithaca and having a general circulation within such Town . Section 16. This resolution shall take effect 30 days after its adoption, unless i17 9 Town Board Minutes July 8 , 1996 a referendum is requested, in which event it shall take effect, if approved at such referendum, upon such approval . Section 17. This resolution is adopted subject to a permissive referendum pursuant to Town Law Section 220 , General Municipal Law Section 6-c and Local Finance il Law Section 35 . 00 . The question of adoption of the foregoing resolution was duly put to a vote on a roll call , which resulted as follows : Supervisor Mary Oltz Voting AYE Councilman Edward Inman Voting AYE Councilman Joseph Schwartz Voting AYE Councilman Howard Steiner Voting AYE Carried Unanimously County Representative Report Representative Frank Proto reported on the following : 1 ) Solid Waste Fee - NYS passed legislation to allow the Solid Waste Recycling Fees to be added to the Town and County Tax Bills . 2) Roll-over Funds - the County passed legislation to amend the fiscal policy to permit the county departments to retain 100% of all monies remaining in their budget at the end of the year. 3 ) Human Services Building - Demolition of buildings on State Street has started for the Human Services Building Project. 4) Medical Examiner Position - A public hearing will be held at the next County Board Meeting regarding the County policy for appointment to the position of Medical Examiner by County Public Health Director with approval of only the Board of Health. 5 ) Business Improvement District - the City of Ithaca is asking Tompkins County to contribute funds for the Business Improvement District. ADJOURNMENT On a motion the meeting adjourned at 8 : 12 P . M . da-disi ) tret-414: 1 Carol W . Sczepanski T wn Clerk min- 7- 8 . 96